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January 18, 2014

You could get sued if you don’t have a business license

Legally, you might need to get a business license
Did you just get your Notary Commission? Good for you! Do you want to start a business doing notarizations? unlikely unless you have gotten huge without a business license. However, there is a small chance that someone else might register that business name somewhere in your state or county and sue you for damages. After all, you were Legally, you might need to get a business license. But, most notaries don’t get one until they want to use a particular business name. Some even advertise in the yellow pages without having a registered business name. What is the risk in not doing so? Will the state government come crashing down on you? That is using THEIR business name and they could claim to have lost money!

Changing or removing your business name
The problem is that once you put your business name in print on the internet or in printed advertising, you might find it very difficult to get change it or remove it. Google keeps a cache of old pages for months as well, so that information you posted on the internet could haunt you long after you remove it!

Notary Business names that change every month?
We have notaries on 123notary who change their business name every month. Each time it is a different variation. In October it is MG Notary Service, and then it changes to MG Properties, and then in December it is Mary’s Notary & Apostille. Which one is it? Notaries cannot change their personal or business name on our site without my intervention. But, when I see that they are changing their business name every month, I begin to think that “perhaps” their business name is not really registered, and that they don’t have business licenses. Hmmm. Once I asked someone to send me proof of their business license and they sent me a copy of a newspaper ad they had used to publish their business name. The text was different sizes and on different lines, and I couldn’t tell which part of the name was commentary and which part was the name on their business license. Good God!

Be safe and get registered
It is better to think long and hard about what your business name should be. Then, register your business name, and get a company bank account. Then you can advertise, and do business as a DBA without “as much” risk of being sued due to your business name. There can always be some clown who still wants to make trouble with you who has that same business name registered in another county, but if you are playing by the rules, it will be harder for someone to question the legitimacy of your business name and probably less likely that they can sue you for “business name infringement”. Your name on your notary commission is registered, why shouldn’t your business name as well?

Tweets:
(1) Did you just get your notary commission? Good! You need to get a business license now.
(2) Once your business name is registered & in print, it is not easy to change it. Think it over first.
(3) We have notaries on 123notary who change their business name every month. Doesn’t sound very legal.
(4) You might be held liable for “business name infringement” if you don’t register your biz name.

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Stealing a business name
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November 19, 2013

Interview with Timios title

Interview with Joe Montag_manager, Timios title: an excellent title agency– growing!

BACKGROUND AND BASICS ABOUT TIMIOS:

“Our CEO and management team worked at another title company. The CEO had left in 2008, and the company closed down; 600 people were without a job.
The CEO started Timios with 6 people; we now have 170 employees. We make sure everyone gets paid in a timely manner. We pay biweekly– everything. California, Texas, and the Midwest and East coast are our biggest areas, but we are expanding everywhere. And we are nationwide.

HOW WE HIRE A NOTARY:

When we interview a notary on the phone–and we interview every notary–one of the things we try to do is use acronyms– like the TIL–to be sure they are experienced. For example, we might ask you to “pull the signing HUD, and they might need an approved TIL.” If the notary does not respond in a way that shows familiarity, we dig deeper and ask point blank, “How many signings have you done?” We are not necessarily looking for a great deal of experience, but we are looking for an intelligent response. We would hire a new notary–particularly people from the mortgage industry. Also, for example, we know that notaries in California have passed a good exam and know something. In Texas, it costs less to be a notary, so the people may not be so good. A new notary may know nothing at all, so in Texas we may look for more experience, or quiz notaries a bit more.

OUR STANDARDS FOR NOTARIES:

We talk to every notary who signs up. We also have a special system for preferred vendors– experienced notaries we have worked with. If you come late, have problems with documents–we will rank you lower in the system, and then eventually suspend you. But this does not happen a lot. If notaries show up in flip-flops or poorly dressed– not good.
We have 50 closing specialists who are escrow officers and call the notary when everything is ready to go. They give them their phone number and any specific instructions right before the job. If the closer feels there is a problem with the notary–the way they answer the phone–they will question the notary and say “Is everything ok?” If the notary does not answer well or seems rude or not clear-headed– we may cancel the closing. I tell my closers, “Use your gut.” We are very careful.
The processors are escrow assistants, and they also schedule appointments. The processor will pull up notaries on our list by zip code, ranking, and price. We do not exclude a notary who is the most expensive–but they better be a 99 in ranking. For that, they have to have been on time, have great recommendations from borrowers, and have no errors. If they miss a signature and go back and correct it–no problem. You don’t show up late without calling ahead. It’s about communication, and the willingness to work with us to get it fixed. Sometimes a notary will miss an acknowledgement and then charge us to go back and fix it! We pay; we are not going to argue–but then, we will not use that notary again.

WHY NOTARIES LOVE WORKING WITH TIMIOS:

We provide contact information for the notary, and are always available. We also send out an instruction sheet. When we recruit a notary, we use 123notary all the time– and we ask the notary if they have conducted loan closings, what counties they cover, can they print docs from our website. Everything is done by logging into our website; that way we can see when they downloaded and printed, and when the signing is complete. There is no fee for notaries to sign up with us. We do tell a notary what we pay on average in the area. We do not ask that they lower their fee, but we do say what we generally pay.

All our processors and closers get training. They have worked their way up; we do a lot of on-the-job training. Many processors start out in support, and many closers were once processors. We tend to have long term employees; our turnover is low. We are growing, and we grow organically.

We do not want to be so big (like some of the big name underwriters) that we cannot communicate with people. All the big underwriters set up their own agencies, and they keep their business so there is almost a monopoly, and you get to the point where service isn’t important. We want to address the industry from a customer service view; the client might be the borrower, the seller, the real estate agent, the mortgage broker– and the notary. We want to serve ALL of these. We try to make everyone happy.

We give very clear expectations. And it has paid off. We are trying to build our database. We do not want any negative comments about Timios. Our name, Timios, means “honest” in Greek. It means we have integrity. We are trying to bring that back into the industry.”

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Interview with Title Source
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November 2, 2013

5 or 6 reviews doubles your business?

5 or 6 reviews doubles your business?

OMG! Can that really be true? But, this is not a secret. We tell everyone. Statistically, if you get five or six reviews on your listing, you would get double the calls that you would get if you had no reviews. This is an average, and is not true in all cases. The main thing you have to realize is that people who use 123notary are looking at various things. They are looking to see if you are certified by 123notary (not by NNA). They are looking at your notes section — is yours informative or does it sound like everyone else’s? And most important, they are looking to see if you have reviews.

The top notary didn’t have a review…
Imagine that you are looking at a list of 20 notaries in Wahacha County, State-achusetts. Let’s say that the top notary on the list has no reviews, but someone down the list has fifteen reviews. You might be tempted to call that guy down the list first, and then as a backup, you might call that top notary who has no reviews. Placement on 123notary matters, but so do reviews!

It is a competition!
The most important thing to understand is that notaries who have more reviews than any other notary in their area tend to get more calls. If the notary with the most reviews in your area has three reviews, and you also have three, you are okay. You need to be mindful that someone could get a few new ones while you are not paying attention. But, what if you have six reviews, the next best notary in town has five reviews, and then you slack off. The next thing you know, someone new and enthusiastic might get ten reviews right away, and your phone might stop ringing. This is a competition. Take it seriously. Your income depends on it!

How to ask and who to ask?
You get reviews by asking satisfied clients to write a review for you. Email them a link to your review page as well. Signing & Title companies are the least likely to write a review for you. But, individuals and borrowers who you did a nice job for might be very happy to write a review. Ask everyone, but expect less of those big companies. Every other notary in town is also asking them for a review and they are buried with requests. You might even consider taking on more “regular” notary jobs for individuals, just so it might be easier to accumulate reviews.

Keep reviews fresh!
Freshness of reviews matters too. If all of your reviews are from 2009, people who read the reviews will remember that Janet Jackson song — What have you done for me lately? How come no recent reviews? Think about it.

If you have any questions about getting reviews, ask us!

Please read more about reviews
http://blog.123notary.com/?cat=287

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October 26, 2013

How to Notarize a Copy of a Passport

Notarize a copy of a passport

There is always some confusion about the legality of copying and notarizing official documents. You cannot notarize a birth certificate, marriage or death certificate. There is no official certification procedure for getting a certified copy of a passport. California notaries can make a certified copy of a power of attorney, but that is the only type of document that you can get a certified copy of. So, what type of notary act can you do to notarize that copy of your passport?

There is a notary act called a copy certfication by document custodian. This is basically a Jurat with some unique wording. It makes the sign swear under oath to the accuracy and completeness of the copy. It is common for students to have copies of transcripts notarized using this procedure. I used the copy certification by document custodian form regularly when I was a notary since it was the only way to accommodate requests for copies.

Many notaries do not carry the form for the certification by document custodian Jurat procedure, so if you need this done, figure out ahead of time whether or not the Notary has the forms that are acceptable to whomever you are submitting your document to as they are the boss in a sense.

You might also like:

Notarize copies of passports (Forum)
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Can a resident alien card be used for a notarization?
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A California Notary Acknowledgment goes to Taiwan
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October 24, 2013

He made $35,000 a month his first year in business?

He what? He made how much? Am I dreaming? Who is this guy?

I just got off the phone with him. I will not disclose his location or name for his privacy. I just talked with a particular gentleman who has multiple listings on 123notary.com. He says these listings bring him so much business that the phone is ringing off the hook and he is reeling in the business. But, $35,000 a month? He says this is his first year in business as a mobile notary. He hires people on salary to drive around and do signings. He pays for the car and other expenses himself and pays them an hourly salary (not big bucks, so don’t get your hopes up). The sheer volume of business this guy is getting is amazing.

Honestly, from talking to him, he sounds like a very cool guy, and very motivated. He fits the profile of a winner in my book. But, still, this type of success is unprecedented in someone’s first year. I understand that the market is picking up for notaries, but still. We have another gentleman who is running a very similar type of operation and very successfully. He has notaries in four or five states and pays them on salary. He gets business right and left and has a huge staff in the office and in the field.

So, if your business is not all it can be, think about what the personality traits of a success story are. There are many successes on 123notary, and you can be one of them. Be an up beat person who gets the job done and doesn’t create obstacles for others. If others create obstacles for you, then create systematic policies for dealing with these problems instead of complaining. Remember — winners find solutions. My idea is to try to adopt the mind-set of someone whose business is off the hook, and that will help you be one of the notaries who is on your way to a huge success!

Tweets:
(1) He bought 8 listings on 123notary.com, hired people to do signings for him & made $35000/month!
(2) If your business could be better, think about what the personality traits of a success story are.
(3) Be an upbeat person who gets the job done and doesn’t create obstacles for others.
(4) If others create obstacles for you, then create policies for dealing with these problems instead of complaining. Winners find solutions.

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$10,000 a month on a bad month
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October 23, 2013

What makes a mobile notary a mobile notary?

We get calls everyday from notaries around the country who want to be a mobile notary. They always ask, “What do I need to do to become a mobile notary?” I tell them to become commissioned as a notary in their state and then get in you car — then you are a notary, and you are mobile.

But, you should really learn how to be specialized in mobile notary work. Notaries who work in an office notarize simple forms all day long. Mobile notaries have to deal with very different issues. Loan signing is no easy task, and there are many snags, delays, and complications along the way. You should take a loan signing course from 123notary.com to learn the ins and outs of the entire procedure from A to Z as well as how to market your service.

But, non-loan signing mobile notary work is complicated too. There is a lot of work going to places where they can’t drive themselves such as hospitals, convalescent homes, jails, prisons, movie sets, busy offices (too busy to drive), and late night visits to people’s homes for last minute travel or school documents.

Mobile Notaries also need to know what to do if people don’t have the right ID. After you have driven 40 minutes to a job, you are invested in the completion of the job. You need to know how to get your trip fee before you see the signer & documents (takes being pushy and negotiating in advance), you need to negotiate your waiting time, and you need to know how to use credible witnesses to identify a signer if there is no ID. Most states allow credible witnesses, but you can research whether yours does or not.

Have fun becoming a mobile notary public. It is a rewarding profession, and 123notary can help you a lot in your pursuit of a profitable mobile notary business.

Tweets:
(1) You just need a notary commission & a car to be a mobile notary, but signing agent training really helps!
(2) Anybody can become a mobile notary, but to be a good one, you need training!

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Compilation of Notary stories
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He made $35,000 a month his first year!
http://blog.123notary.com/?p=3894

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September 21, 2013

$10,000 per month on a bad month

I just got off the phone with a notary who is doing really well who advertises on our site. Business has been better for most notaries recently, but not as good as for this husband and wife team. I will not mention their names or locations to protect their identity.

I talked to them about their renewal. Since our prices can go up or down for a particular position at any point in time, some notaries complain about their new price. If the price goes up, they argue and try to reason with me about how it was less last year. If the price goes down, then they think I was cheating them last year. Either way they get upset and criticize me.

This husband and wife team had a different approach. He said something to the tune of — You doubled my rate, but that is okay! Your site is amazing. We get almost all of our business from your site. I don’t know how you do it. We are making more than $10,000 a month in our notary business.

I was flabbergasted. I had heard the story of the new notary company making $35,000 per month which was an amazing story. But, now another notary making six digits. Unbelievable! So, my faith is renewed in a mobile notary public’s ability to make the type of living that makes other people drool.

Please take this blog entry as an opportunity to take a leap in faith that YOU can make six digits in your notary business. Yes, you have to do everything right, but you can do a bang up job, right?

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From 3 jobs per week to 3 jobs per day!
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August 21, 2013

What is a Jurat?

Many people do not fully understand what a Jurat is. The term Jurat is loosely (and incorrectly) used to describe any notarial form. “Just mail me a Jurat” is a common request (that happens to be illegal). Never mail loose certificates. A Jurat is one of many types of notarial acts. Common notary acts include: Acknowledgments, Jurats, Oaths, Affirmations, Protests, and some states allow witnessing, safety box opening, Proofs of Execution and other notary acts. Notary acts and laws differ from state to state.

A Jurat is a Notary Act that typically requires the signer to be identified, although laws in the past in many states did not require the signer to be identified (believe it or not).

The distinguishing characteristic of a Jurat is that it has an accompanying Oath — AND the signer must sign the document before the Notary Public. An Acknowledged signature may be signed hours, days or years before it is notarized! The wording for the Oath is up to the notary. Unfortunately, many notaries are not very good at administering Oaths and some skip the procedure altogether (which is illegal).

You can attach Jurat wording to a document. Or, just write a quick statement that you intend to swear to on a Jurat form. But, if you need an Acknowledgment certificate, don’t ask for “A Jurat”. It is not the same thing legally. Also, please note that the notary is legally forbidden from deciding what type of notarization you need. So, if your Attorney or document custodian doesn’t tell you what type of notarization you need, please ask them before the notary shows up! Good luck!

Tweets:
(1) The term Jurat is loosely (and incorrectly) used to describe any notarial form.
(2) “Just mail me a Jurat,” is a common, but illegal request!
(3) A #Jurat is a notary act requiring the signer 2sign before the notary, swear & be identified.

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Jurat wording step by step
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July 3, 2013

How to get something notarized if you don’t have ID

If you don’t have ID, many states allow the use of credible witnesses. Two people could identify you before a notary public, sign the notary’s journal, and produce identification themselves.

But, honestly, if you need to get notarized, go down to your DMV and get a state issued identification card. You need it to go to a hotel, rent a car, get notarized, and more. You might need a copy of your birth certificate to get your ID. So, be prepared to figure out how to get your birth certificate. Don’t waste time. It is a hassle when notaries have to deal with clients who don’t have proper identification.

Personally, I have notarized many people. Some lived in bad areas where they got mugged, and the mugger took their identification. Others were old and had expired identification. Get with the program and get your identification ready.

It is sometimes hard or impossible to get something notarized if you don’t have current government issued identification.

Some states will allow the notary to notarize you if they know you well as being “personally known” to the Notary could constitute identification. Most states used to have that law because in the old days people tended to know people in their area quite well. But, most states have changed their laws, and no longer allow the notary to claim to know you as a form of identification.

Now you know how to get something notarized if you don’t have ID.

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Signature Name Affidavit: Not a substitute for an ID
http://blog.123notary.com/?p=3823

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May 9, 2013

What is a notary public?

What is a notary?

A notary is a state appointed public official that is authorized to conduct certain types of official acts such as Acknowledgments, Jurats, Oaths, Affirmations, Protests, and sometimes other notary public acts. Since notaries are appointed by their respective states, the laws for notary conduct and what types of official notary acts a notary can do vary from state to state.

Notary Acknowledgments & Identification Requirements
A notary public can execute acknowledgments. Acknowledgments are the most common notary act representing about 80% of all acts done by notaries! The notary must positively identify a signer as the first step in executing an acknowledgment. Identification requirements vary from state to state, but most states allow state issued identification cards, drivers licenses, and passports. As a general rule, any government issued photo-ID with a serial number, expiration date, and physical description is accepted. Social security cards, credit cards and green cards are not acceptable.

Identification through Credible Witnesses
Some states allow a notary to positively identify a signer through the use of credible witnesses who must be identified by the notary and then swear under Oath as to the identity of the signer. Personal knowledge of the signer used to be allowed in most states, but in recent years, notaries are required to rely on more “hard” forms of identification.

Notary Journals
After the identification process is over, the notary must fill out a journal entry in his/her official journal of notarial acts. Not all states require journals, but they should because the journal is the only record of a transaction that the notary has, and can be used in an investigation or in court after the fact. Such an investigation might happen in a few critical cases where fraud is suspected! The signer is required to sign the notary journal which is one of the most important parts of the notary process.

Notary Certificates
The notary must fill out an Acknowledgment Certificate with state specific Acknowledgment verbiage. The Acknowledgment wording can be embedded in the last page of the document, or could be added and stapled as a loose form.

The official notary seal
Notaries typically affix their seal to the notary certificate area in a document or on a loose certificate. This is a very official way that notaries finalize their notary acts. Notaries may use an inked rubber seal. Some states allow a notary public to also use an non-inked embosser which leaves a raised impression in a piece of paper — as a supplemental seal to deter fraud through page swapping.

Jurats
A Jurat is a notary procedure where the notary administers an Oath. The signer has to raise his/her right hand and swear under Oath to the truthfulness of a document or statement in a Jurat form. Additionally, the signer must sign the document in front of the notary for a Jurat, where they can sign long ahead of time for an Acknowledgment. Identification requirements for Jurats vary from state to state. Jurats represent roughly 18% of all notarial acts!

Oaths and Affirmations
Notaries can perform or administer Oaths or Affirmations for clients. They should record such acts in their bound and sequential journal as well. Wording for Oaths is really up to the notary, but some standardized or formal wording is recommended such as, “Do you solemnly swear that the contents of this document are true and correct to the best of your knowledge?”. Or, “Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God?”. The Oath verbiage depends on the situation and the document. However, it should be formal, and the Affiant (Oath taker) must raise their right hand definitively for this type of act. An Affirmation is the same as an Oath except for the fact that the word God is omitted from the Affirmation Verbiage.

Protests
This is an antiquated notary act where someone can protest the non-payment of a bill. I have never met a notary who has actually conducted such a notary act, but most states still include this as one of their official acts.

Acts allowed only in specific states
New York allows notaries to do Safety Box Openings as an official notary act while most other states do not. Rhode Island has something called a Marine Protest which is only an official notary act in Rhode Island. Various states allow notaries to act as a Witness as an official notary act as well. Additionally, please consult your state’s notary division for information about Apostilles and Authentications which typically involve either a local county recorder, the Secretary of State’s office, or a local embassy.

Documents that are commonly notarized.
Many notaries notarized Power of Attorney documents frequently. Notaries are advised not to draft such documents as they are legal documents. However, notaries can notarize signatures on such documents.

Affidavits of all sorts are normally notarized with a Jurat since they are to be sworn to (usually). The notary is forbidden from recommending a particular notary act over another, but they are not prohibited from stating what is “usually” done.

Wills can be notarized by a notary, however, it is generally frowned upon unless given written instructions from an Attorney!

Notaries can not notarize vital records such as Birth Certificates or Marriage Certificates.

A Notary Public can notarize Real Estate or Mortgage documents or loan documents except in certain Attorney states such as Massachusetts or Georgia where there are restrictions. Common loan documents that might be notarized could include Deeds of Trust, Signature Affidavits, Grant Deeds, Quit Claim Deeds, Occupancy Affidavits, and many more!

Where can I find a notary?
123notary has thousands of mobile notaries distributed throughout the United States that you can find on our Find a Notary page. They typically charge a travel fee and specialize in loan documents. To find a stationary notary, please consult your local yellow pages, or call pack & ship places in your area.

How can I become a notary?
Each state has a Secretary of State or Notary Division that appoints notaries. Please visit our state contact page, and contact your state’s notary division for details. Typically, you need to be 18 years old, not have a felony on your criminal record, be a citizen (some states require this), or in many states be legally residing in the United States. Most states have a Notary Public Application Form, and a Notary Public handbook for you to study from. You are normally required to pay an Application fee for becoming a notary, and there could be other fees for recording your Notary Oath of Office as well as the fee for your Stamp, Journal, and other related fees.

Is it worth it to become a notary?
It can be very rewarding to be a notary. You can make a lot of extra money in your spare time if you have a way to attract clients. You can meet new people, and learn new things. Mobile notaries who are good at what they do can make a full time living driving around doing loan signings. You can get a job more easily if the boss knows you are a notary, as that is a skill in high demand at many offices.

Tweets:
(1) A notary is a state appointed public official authorized to conduct certain types of official acts such as Jurats …
(2) A notary public can execute Acknowledgments, Jurats, Protests, Oaths, Affirmations…
(3) A quick guide to being a notary including: journals, seals, identification, witnesses, jurats, oaths & more…

I want to learn more!
Visit our GLOSSARY of notary and mortgage terms, and read more articles in our blog!

.

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10 Risks to being a Mobile Notary Public
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