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January 12, 2016

Notary: The Art of the Decline — To new Jobs

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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January 6, 2016

Notary Jury Duty

I was just at Jury duty. I was lucky. I was called in to a nine day case. I sat on the bench and listened to each one of eighteen individuals introduce themselves one by one. The Attorneys asked everyone questions. After several hours, I was asked if I had any negative experiences with the Police and I said that I had. I was released shortly after that. I am not at liberty to discuss the case, so I won’t.

It seems that Jury duty supports the rights of Americans. The rights of particular Americans — namely Defendants. However, it doesn’t support the rights of the Jury members who are virtual hostages. I think that Jurors who are self-employed, medical professionals, or other busy people should have the option to serve at night so that we don’t have to sacrifice our work. Additionally, I feel that instead of serving one day or one trial, we should serve a particular number of days each four year period.

Say for instance that you are super busy at work, and then Jury duty hijacks you and forces you to serve on a 12 day trial. They will no longer accept hardship excuses from most people in California. When you come into Jury duty you can’t plan your life. You don’t know if you will get called into service at all during your designated week. And if you are required to show up, will you sit in that big room all daylong to daydream or will you get picked on a murder trial that will last six months? It is not fair to the Juror.

My suggestion is have 10 days of service every 4 years. If your service is above 10 days because a trial drags on, you should get paid $150 per day regardless of what you normally earn. We are putting in our time as slaves for the benefit of the defendants. They should pay if they use more of our time than they deserve. Can you imagine using 12 Jurors plus back ups day after day for a long drawn out case? It almost happened to me. You could do your ten days all at once, or you could go trial by trial and spread it out over several years. You should also be able to choose day or night, or weekend court. Jury duty should be for the convenience of the Jurors,not for the convenience of the Judge and Attorneys who are getting paid a huge salary. The Jurors get nothing!

But, what if you were a Notary sitting in that big room turning tricks while waiting? It is not illegal, and you could make a fortune! Have your clients come to you. Just hope to God you don’t get called, otherwise no notary income for you for potentially many days.

ATTORNEY: Now, Mr. Swengsly, do you consider the duties of a live in maid to be something they should be accountable 24 hours a day, or less than that?

NOTARY: Ummm, just as long as they keep the joint clean. Can you hold on a second, I think my client is at the door.

JUDGE: Order in the court. What is going on?

NOTARY: Oh, I thought I could have my notary client meet me here. They need an Affidavit signed. It will only take a minute.

JUDGE: Are you trying to show contempt of court?

NOTARY: No your honor, I’m trying not to! (whispering) sign right here… perfect. Raise your right hand…

JUDGE: I’ve never seen anything like this. You are relieved of Jury duty effective this instant.

NOTARY: Oh great. Just one second. Do you solmenly swear to…

JUDGE: OUT!!!!

CLIENT: Let’s continue this in the snack bar next to the metal detector.

JUDGE: In my 35 years as a Judge I have never seen anything like this — BAILIFF!!!

In short, I feel that Jury duty is a valuable American tradition and system. However, I feel that Jurors are treated like dispensable slaves and treated with complete disregard as far as their personal lives go. Your life is put on hold indefinitely for someone else’s court case. Can’t they hire retired people or college kids on summer break for the long ones?

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January 1, 2016

Notary aptitude test

Have you ever had your aptitude tested as a Notary? Other than the various certification tests? Well, maybe it’s about time that you did! But, what types of questions would be asked? Maybe it would be like the NSAT. The Notary SAT’s.

(1) Stamp is to Fraud as Pen is to:
(a) omission (b) signature (c) backdating (d) ink

(2) Name on document is to Name on ID as Name on signature is to:
(a) Name on AKA statement (b) Name on occupancy statement (c) Fees on the HUD (d) Name on Notary Seal

(3) Date of Rescision is to Signature Date as New Year’s Eve is to:
(a) A really bad hangover (b) A party that was “rescinded” early (c) Midnight of the 4th (d) The 3rd (e) Confession where the borrower says, “Forgive me Father, for I have rescinded.”

(4) The Signature date is to the Rescission Date what Backdating is to:
(a) The Document Date (b) The Transaction Date (c) the day before the Signature Date (d) The eDocument Date

(5) Notary is to Signing Agent what Mortgage Broker is to:
(a) Escrow Agent (b) Title Agent (c) Settlement Agent (d) A really good Mortgage Broker who actually knows what he/she is doing

(6) A Notary who doesn’t cross out the he/she/they is to Mortgage Broker as a Mortgage broker who:
(a) Is always late (b) Rips off his borrowers (c) Doesn’t explain the terms of the loan or why the APR is so high to the borrowers (d) Multitasks as an Escrow agent.

Hope you enjoyed this little test. It was fun to write.

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November 26, 2015

The Stolen Loan Package

Very rarely do we hear of loan packages getting stolen, but it does happen. One of my assistants was on the phone with a client who told her a horror story. Normally, we think that Fedex drop boxes are for dropping packages. However, if you read our blog article entitled, “Don’t Put the Fedex in the Drop Box” you will know better. Aparantly, the Notary put several packages in various drop boxes. Two made it where they were supposed to go while one got stolen. Someone got into one of the Fedex boxes and stole the contents. We heard that the combination for the drop boxes was the same for drop boxes in particular areas. I heard that after the theft happened, that unique combinations were created for all drop boxes on the same routes, etc. I cannot guarantee that I have my facts correct as this is all one big story I heard from someone — but, it’s an interesting and dramatic story.

Take your Fedexes to staffed locations if you value your career!

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November 17, 2015

Filling out your journal before the appointment?

One notary on Linked In wrote about filling in their journal before the appointment. Honestly, there is nothing illegal about this. However, if one of the parties doesn’t show up for the signing, you might have to do a lot of crossing out in your journal which might not look good if you ever get audited. I have not heard of notaries getting audited, but your state could raise its standards any time, so behave as it if could happen.

If you have limited time at a signing, you might be tempted to pre-fill the Acknowledgment forms and journal entries. It is illegal to stamp the certificates before the signer has signed your Notary journal and the document. However, putting the wording in is okay. The problem is that last minute changes do happen regularly. Signings can be postponed until the next day, and if you put the date in, or there is a last minute name variation change, you will not be able to use that form.

Personally, I feel that you should not fill in forms before or after the appointment. It is easier to make career-ruining mistakes if you divide these tasks into two sessions. You are more present at the signing (at least I am) and you should fill in the forms with the signer in front of you. As a Notary, saving a few minutes at the signing is not an important goal. Filling out these Notary certificate forms is generally very quick if you have experience. The main goal for signing agents should be to develop good practices which keep your error rate near zero.

So, my advice is — avoid the possibility of messy situations. Don’t preword your forms or journals. Do it at the time of the notarization. Be safe! You could call this a “Best Practice” or the avoidance of a “Non-Best Practice”

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November 5, 2015

Have you ever been tempted not to go into a borrower’s house?

We are all under pressure to make a living and please our clients. But, sometimes you have to use common sense as well. Notaries are called to do signings regularly. You don’t know the condition of the house or neighborhood until you get there.

If George Carlin were a Notary, he would say that going to notary jobs in decrepid homes makes you feel good twice. When you accept the notary job you say, “I’m making money.” When you open the front door and run for your life you get to feel good a second time and say, “I’m saving my life!”

By the way, how’d you like to be a leftover? If they were taking people out to be shot I wouldn’t mind. I might even volunteer! Sorry, my childhood memories of Carlin’s tape stuck in my brain I guess.

Anyway, we have a story about a notary who knew Carmen. This took place years ago. She went into a house that was so filthy, she contracted a serious bacterial infection and had to be quarantined in the hospital. It was like having Ebola. It was called Legionaire’s disease and it was life threatening.

Other times, the house has rats, or other unclean animals running around. Sometimes it is the humans who give you the creeps. Carmen did a job years ago for some guy with long toe nails. Every time he walked around you would hear the click click click of his toenails.

Don’t feel bad by refusing to go into a house. You might be saving your life, sanity, or well-being. Just Google your nearest Starbucks and request that the signing is done there.

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September 22, 2015

Don’t call Title or Borrower

That admonition gives me chills. In my dumber days, when I heeded that directive; a far higher percentage of assignments had “problems”. Virtually everything that could wrong did go wrong.

Many of our “employers” often stress how we are the final quality control point. They stress how we should be sure the package contains a HUD and 1003 loan application. Some blithely request that we check the package for “accuracy”, as if that was something we could do, in detail. Everyone in the process tries to minimize errors, but, humans are fallible. With the rush of processing mistakes of transposition, omission, and miscommunications do occur. High integrity notaries are quick to make amends and fix their mistakes; usually at considerable expense for travel and shipping.

On the other hand, when you are sent to 5000 W 206th Street, and the real address is on East; it is very unlikely that anyone will compensate you for extra riding around. Sometimes, it’s much worse and it’s possible to be given a completely wrong town! Without recourse to a valid, and tested to be sure it’s accurate – borrower contact number; the assignment fails. Nobody wants that. But, for reasons unknown to me, some assignments absolutely forbid borrower contact. And, that is enforced by not providing a phone number for the borrower. In a similar manner, issues that can be resolved by Title; can have the same contact prohibition. Sure, we often receive a number to call, but often as not; that number is unanswered or directed to voice mail.

We are at the end of a long chain in the processing of the documents. Professional notaries are very aware that packages that fund easily equal repeat business. So why are our hands sometimes “tied behind our backs” when it comes to contact information? One reason is that the “powers that be” do not want multiple notaries contacting the borrower. How would that happen? It happens when they find a less expensive notary and tell you the job has been cancelled. Or, you called in to tell them it’s illegal in your state to notarize your own signature. Whatever. Once you are perceived as not being willing to do “whatever is necessary, illegal or not”; it’s time to “swap you out”.

But, let’s proceed on the basis of the notary and their employer being of high integrity. There is still the “typo” issue. Without recourse to the borrower, there is often no way to find them. This increases the risk factor. We all know how the industry tries to pay a tiny “trip fee”, or nothing at all if the project does not fund. Regular readers know that most of my clients PayPal prior to me making a calendar entry. The exceptions are those that have earned my trust. Yup, when the situation is “do now” and they “pay later”; you are really trusting them. Even those few, when it’s a no contact info assignment are required to PayPal “up front”. I explain that it’s due to the additional risk involved. It does not matter that THEY sent you on a “wild goose chase”, taking hours of your time – cutting a check is really hard for them to do.

When they prepay the risk is shifted back to them. Of course it’s far better to obtain the contact info, as much as possible. Often the desired phone numbers are in the package. It’s tempting to use that information when absolutely necessary. Tempting, but totally improper. You must have permission to make calls when necessary. If the directive is to never call, it’s just that. You can try to reach your employer for them to get information you need – but if you accepted calling the borrower as forbidden; never do it. No matter what. Even if it causes a broken appointment? Yes, there is never justification to go back on what you agreed, especially regarding borrower calls.

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August 17, 2015

$40 for a signing 72 miles away?

I read the notary forums regularly. Not every day, but I go through them thoroughly every so often. One notary was offered $40 for a signing 72 miles away. I think I have heard everything now. Don’t these signing companies bother to use mapquest or Google directions to see how far a signing is before making an offer? Do they expect notaries to drive all over kingdom come for free?

They know that notaries are desperate.
Perhaps they are counting on the fact that business is really slow and that there are many desperate notaries out there. But, as desperate as you might be, your car expenses to do a 144 mile round trip are not for free. You use your tires, breaks, motor, gas, oil, and more. Your car won’t last forever, and you need to charge for mileage. How much is up to you unless your state restricts this (and nine states do even though I feel that is not constitutional.)

Stop Bothering Notaries!
Putting aside how unfair the offer is, I think that the bigger issue is that signing companies bother notaries with these petty offers. Notary forums are filled with complaints of this sort. It is a waste of the notary’s time and patience.

Minimum Wage for Notaries?
Perhaps the notary industry should have some type of minimum wage. No matter how new or unskilled the notary is, they get 50 cents per mile traveled plus 25 cents per page fax back and at least a certain amount for signings with under 100 pages per set of documents. I don’t know what a fair minimum is. If you set the minimum too high, then newbies will simply not get used unless the signing company is desperate.

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July 26, 2015

10 tight points on Loose certificates

I have not written about this topic for a long time because I take for granted that Notaries are experts on the topic. In real life, it is possible that many Notaries do not know how what to do with a loose certificate. So, here are the correct steps to take.

(1) Purchase Certificate Pads from the NNA
Why the NNA? In my experience, they are the best source of 1-stop shopping for Notary supplies. They have great journals and pads. You cannot attach a loose certificate if you don’t have one, so keep them in stock and guard them with your life. Your career as a Notary rests on having the correct forms. You need Acknowledgment Forms, Jurat forms, and perhaps Copy Certificate by Document Custodian forms. Make sure the wording is acceptable according to the current laws of your state!

(2) Keep the Pads in your Notary Bag
Having the right forms is no good if you don’t keep them with you. Clients don’t want to hear the old, “I left it at home” routine. It sounds like your dog ate it. We are not in junior high anymore! Keep your law primers, journal, pads, seal, and anything else you need on you at all times and remember to keep your journal and seal under lock and key when not in use!

(3) When to use Loose Acknowledgments
If you need to notarize a document and the document doesn’t have notorial wording, it is time to use a loose certificate! If a document has incorrect notary wording for your state, you need to consult your state laws to see if they will allow out of state wording. Most states will allow out of state wording providing that the wording isn’t substantially different. If the venue or the name of the signer(s) is wrong or has an extra signer, or leaves the name of a signer out — you might want to attach a loose form.

Also See: Do you Notarize loose certificates as a Notary?

(4) Fill Out the Form
Filling out forms is not rocket science, but more than 50% of notaries omit crossing out the he/she/they and the capacity(ies), etc. If Joe signed the document, then cross out the she/they unless you know more about Joe than we do. You might cross ou the (ies) too. Don’t forget to fill out the venue, stamp, and sign the form. If your state doesn’t require a stamp, consider moving to a better state!

(5) If the Glove Don’t Match, you Must Attach!
Certificate forms must be attached to corresponding documents by law in many states. This means by staple, otherwise it will most likely be detached which could lead to a lot of confusion and potentially to law suits. You should also indicate the document name, date and length on the certificate as well as any other pertinent and identifying information about the document just in case the certificate gets separated. Many Title companies detach certificates which is completely illegal, but they don’t care because they are above the law — or think they are — or never got caught — yet…

(6) NEVER Send a Loose Jurat in the Mail
You can go to jail and lose your commission if you send a loose certificate in the mail. Lenders often ask you to just send a loose “Jurat” in the mail if the one you sent is not acceptable for one reason or another. You can request that the original document is sent back to you. That way you can destroy the original Acknowledgment or Jurat and add another one and staple it to the document. If you send a loose one, it could be attached to a different document and used for fraud, and you might end up in court.

(7) Some People Create Their Own
Some notaries who are penny foolish create their own Acknowledgment pads. You could put company branding on it to gain attention for your company. Just make sure you don’t goof as this is a legal document.

(8) Thumbprints?
Most Notaries only put thumbprints in their journals if they thumbprint at all. But, the NNA’s certificates have, or used to have (I’ve been out of the loop for a while) room for thumbprints. It looks more official for really critical documents if you get that extra thumbprint. For documents going overseas, I recommend this as foreigners think you are the best Notary in town if you give thumbprints — and embossing looks really official too!

(9) Two Certificates?
Sometimes you might need to attach multiple certificates for a single document. This is fine. One for his, and one for hers. They might even be notarized at different times. The custodian or recipient of the document might or might not like that, but it is all perfectly legal! You might have a lot of staples if you attach them at different times, but that is how the Notary business works.

(10) Jurats with Oaths
Sometimes if you are administering an Oath on a short statement, you can write the statement right on the Jurat form. In this case, you don’t need to staple the form to a document as the form includes the contents of the document as well as the Notarization. Don’t forget to have them raise their right hands and swear under Oath!

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July 1, 2015

I signed up with 200 companies only to get work once or twice

It is common for Notaries to be signed up with dozens of signing services / notary services. We recommend that you sign up with as many notary services as you can. But, being signed up with them doesn’t equal getting used. There is some secret magic in getting used. You can’t get used if you are not signed up, so do the signing up part as early as possible in your Notary career. We recommend starting your career getting signed up with at least 50 companies and then do a few more in the beginning of the month every month. Since business is normally slow in the beginning of the month, that is a good time to market yourself and make quick calls to companies who you haven’t heard from for a while.

The Secret of Getting Used
I remember long time ago I was signed up with hundreds of signing companies. Not all of them used me. Signing Companies are like humans. We get in the habit of going to certain restaurants which become our regular spots. I go to our local Ramen place all the time for noodle soup and go to another spot for Kabobs. Sure, there are thousands of restaurants in Los Angeles, but I tend to go to seven or eight on a regular basis and once in a while to others. You need to catch the attention of signing companies to get used.

Catching Their Attention
If a signing company you have never heard of offers you a job that is too far away, should you decline because it is too far? If you have time in your schedule, taking that call might get you in their good graces. You got them out of a bind, and they might remember you for that. Other ways to catch people’s attention is to personally pop in their office during the beginning of the month when things are slow. If you live near Orange County, California it will be easy to have access to dozens of signing companies. There are also Title companies all throughout our nation that you can visit. Giving companies quick calls and letting them know you are available and happy to work for them helps too. You need to stick in their head, so bugging them intermittantly is a sound strategy!

Doing a Good Job
If a new signing company uses you, that means their favorite person in your area is either busy, on vacation, moved, died, or screwed up. It is your job to get in that #1 or #2 spot in their database during this brief window in time. When they call you, you need to be very agreeable and do whatever they say. Don’t complain if there are too many pages, fax backs, or long drives. Just do the job with a smile, and they will remember you next time. I would not start trying to charge them more or have conditions until the fourth job.

Invoice Promptly
Many Notaries get into trouble because they don’t invoice fast enough. Invoice within 24 hours of completing the job and invoice with exactly the information the company wants. Then invoice again at the 30 day mark on a weekly basis until paid. Other than that — good luck!

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