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December 19, 2017

Do you keep a journal to please your state, a judge, the FBI, or 123notary?

Filed under: Journals,Technical & Legal — Tags: , , — admin @ 1:20 am

Most Notaries do not keep a journal because their state doesn’t require it. This is a mistake. Your journal is your only evidence in court. Many Notaries who list with us end up in court. However, since most of our Notaries keep some sort of journal records, their time in court is normally just a visit to the judge’s chambers where the judge might dismiss the case due to good evidence provided by the Notary.

Some Notaries keep a journal, but do so in a fashion I call minimal, where they do not keep the book according to NNA best practices and do not record thumbprints. Since their law might not require any journal, the Notaries often figure that they are already doing more than necessary so why do the maximum?

The answer is that your journal thumbprint which most of you refuse to keep is the ONLY way a judge or investigator can figure out who the signer is in the case of a falsified ID given to the Notary. You don’t know if an ID given to you is real, fake or falsified. But, the thumbprint is real. So you accept ID that can be falsified but refuse to take ID which is genuine — stupid! Take both.

The bottom line is that the real reason you should keep a journal is NOT to please your state (although you must uphold the laws of your state.) California is the only state I have ever heard of who audits people’s journals. If you live outside of California, the chance of your state ever seeing your journal is minimal. However, it is very likely that a judge, an investigator, or the DOJ might need to look at your journal in the case of identity theft. So, keep your journal with the intention of making their lives easier AND making sure that they don’t consider you to be a suspect! Keeping inadequate journal records is suspicious, do don’t be shoddy — be thorough!

Additionally, Jeremy (that’s me) at 123notary is sick and tired of Notaries who are shoddy and don’t keep good records. Keeping a journal is not good enough. You must keep one journal entry per person per document and thumbprint for serious documents such as deeds to please Jeremy. Jeremy wants investigators to be able to catch bad guys, so if you deny them the critical piece of evidence (a thumbprint) to catch the bad guys, then in my opinion — YOU are a bad guy! I would personally throw you in a lion’s den for not keeping a thumbprint if I could have it my way. But, I am not in charge of the world — I’m only in charge of my site.

So, if 123notary gives you a little phone quiz and asks you some questions and we find out that you don’t keep your journal correctly we will deduct points from your score. If we find out you make excuses for your abhorrant behavior, you lose even more points. Why act like a disobedient third grader when nothing prevents you from keeping good books! Only you can prevent forest fires and only you can provide the missing link to catching identity thieves — so do a good job otherwise you will get into a little trouble with 123notary. But, your state won’t care because states other than California don’t seem to take the Notary profession at all seriously! Food for thought!

Summary
Don’t keep your journal to please your state. In real life they will never see it unless you live in CA. Keep your journal using the best practices possible to please a judge, jury, the FBI, KGB, the Mossad, and Jeremy from 123notary. I will penalize you if you don’t keep good books as that reflects poorly on my reputation!

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You might also like:

Notary Public 101 – Journals
http://blog.123notary.com/?p=19511

Do you keep a journal? Don’t wait until you get a call from the FBI.
http://blog.123notary.com/?p=19377

How many journal entries do you use for two signers on three documents?
http://blog.123notary.com/?p=19391

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December 5, 2017

If you’re named as an identity theft conspirator, it could cost you $20,000 in legal fees

Filed under: Technical & Legal — Tags: , , — admin @ 1:19 am

If you are named as a conspirator in an identity theft ring or identity theft case, you might be looking at some serious legal costs. Being a Notary is not safe, especially when you refuse to keep your books correctly (oh, but my state doesn’t require me to.) Excuses will not get you off the hook when you are a suspect in an identity theft case and when your journal doesn’t has a fake ID documents and no thumbprint (oh, but my state doesn’t require me to). Your state’s shoddy lack of requirements could cost you $20,000, but only if you choose not to keep proper records. Your state is not forbidding you from keeping good records. They just don’t require good records. It might be fun to just stamp things without keeping a record of what you did. But, the fun will go away when you are named in a law suit.

Legal costs might only be a few thousand, but could be as high as $20,000 in a worst case scenario.

Keeping a journal properly with:
1. One entry per person per document… i.e. if two signers each sign five documents that is ten journal entries.
2. Keep journal thumbprints as that is the only way the FBI can catch frauds if a fake ID is used (in many cases.)
3. Keeping additional notes about the signers might help in court such as mentioning tattoos, a nervous twitch, or anything else noteworthy.

Keeping good records is your responsibility as a good Notary whether required by law or not. Your refusal is pure obstinate and I won’t tolerate it for a minute. If you don’t understand good record keeping, the NNA teaches journal filling procedure quite well. So, consult them or risk possible legal consequences! Keeping your journal correctly doesn’t keep you out of court — it just normally shortens your time dealing with investigators and the court system to a few minutes instead of a few months. Take your pick!

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You might also like:

What’s your sign? Tricks to uncover fake identification.
http://blog.123notary.com/?p=19638

Notary Public 101 – Identification
http://blog.123notary.com/?p=19507

Do you keep a journal to please your state, a judge, the FBI or 123notary?
http://blog.123notary.com/?p=19483

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November 13, 2017

Notary loses $4000 in legal fees because fraud adds name to Acknowledgment certificate.

Filed under: Notary Mistakes,Popular on Facebook (very),Popular Overall — admin @ 1:08 am

When I was a Notary and was handed some other Notary’s work, I normally saw that the he/she/they and capacity(ies) that needed cross outs did not have cross outs. By omitting the cross outs you cannot know if the signer is a single man, woman, or multiple people. California no longer allows Notaries to verify capacity which leaves one less thing to cross out.

If you as a Notary omit to cross out the she/they on an Acknowledgment for a single man, someone could add another name to the certificate and get away with it undetected. Notaries can be extremely negligent and don’t get caught — usually. But, I catch them by the dozen every day and penalize them on my site. I throw hundreds of Notaries off my site for failing my over the phone Notary quizzes. And others stay on the site but I deduct points from their point algorithm results which makes it very hard for them to upgrade. You might not take doing your job correctly seriously, but I do.

And then the Notaries who take their job seriously, but have been doing it wrong for 20 years and think that their work is flawless. I will catch you. I will expose many things you are not doing or are doing incorrectly. Better that I catch you rather than ending up in court with legal fees for not filling out forms correctly. Being a Notary is not rocket science. There is no reason for such negligence!

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You might also like:

Penalties for Notary misdeeds and misconduct
http://blog.123notary.com/?p=2067

13 ways to get sued as a Notary
http://blog.123notary.com/?p=19614

10 risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

The FBI is at your door and names you as a suspect!
http://blog.123notary.com/?p=20013

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November 1, 2017

Notary Public 101 — Real Life Notary Scenarios

Filed under: Loan Signing 101,Popular on Facebook (very),Popular on Linked In,Popular Overall — admin @ 4:37 am

Return to the table of contents of Notary Public 101

Knowing how to be a good notary is all fine and good. But, if you don’t know how to handle scenarios, you might get into some sticky situations.

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1. Confirming the signing
When you call the borrowers, go over the:
Date, Time, People Signing, Location, if there is a check or wired funds, if they have 90 minutes to complete a signing, and any fees that seem critical in the CD or HUD. Additionally, you should have them read the names in their ID to make sure they match, …read more…

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2. The name on the ID says John Smith
Q. The name on the ID is shorter or not matching the name on the document? What do you do?
A. Ask for other ID. If they don’t have it, if your state allows credible witnesses, use them to identify the signer. You can always… read more…

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3. Rectify errors on Notary certificates
Most Notaries like to cross out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross-outs look like tampering. It is CLEANER to take a fresh acknowledgment form from your Notary bag … read more…

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4. The signer would not sign the flood disclosure.
If you go to a signing at 11am and the signer signs everything except the flood disclosure, what do you do? You call the contact person or people in title or lending. If they do not call you back, you cannot stay at the borrower’s house all day long. Let’s say you leave …read more…

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5. The green pen scenario
You go to a signing, open the package and the instructions read:
Sign in GREEN, don’t call unless it is an emergency, get it to Fedex on time or you are fired.
It is 5:30, last pick up is at 6:00pm. Nobody has a green pen. There is a stationery store in the same complex …read more…

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6. Ten grant deeds.
If you have one signer signing ten grant deeds, you need to do the following:
Create ten journal entries, one per person per document. Put thorough information about who the grantor and grantee is, a thumbprint, and …read more…

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7. The FBI is at your door.
What piece of information will they want from you if someone gave you a fake ID?
A journal thumbprint. If you don’t keep one, start now… read more…

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8. What types of pads of forms should a Notary keep in his/her bag?
Acknowledgments, Jurats, Copy Certifications. Skip the POA forms. Have them consult an Attorney. I carried permission for minors to travel. I created my own very thorough form with room for thumbprints. The Mexican authorities loved my form!… read more…

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9. Chad assigns a job to you. He says if there is a problem, call him and only him. If you can’t reach him, then email him. You get to the signing, the signer signs half the documents and then has a question. What do you do? Call Chad and if he doesn’t answer then email him. Many Notaries just don’t follow directions… read more…

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10. Frank does a loan signing on Monday and drops the package in the drop box at 3pm, calls in the tracking number and then wants to go camping. How many days should Frank wait before embarking on his camping trip and why? I think that Frank should wait until he confirms with the Lender that the package has been looked over in its entirety or… read more…

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11. What entities might want to see your Notary journal?
I have gotten in hundreds of arguments with notaries from states all over the county. Those who live in states where journals are not legally required think they will not get into trouble if they don’t have one. If you end up in court, your journal is your only evidence of what happened. You might become a witness for a long case or a defendant if … read more…

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12. Hospital signing issues
Have you ever done a signing in a hospital? You should be prepared, because one day you might do it. There are many issues that come up in hospital signings. First of all, it is common to have to decline service because the signer has been medicated, or has lost their mind. As a Notary, you should be aware that you can easily be subpoenaed for hospital signings as it is common … read more…

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13. How do you notarize a document with no signature line?
If you have been instructed to notarize a document that doesn’t have a signature line, that is a cross between a quandary and a conundrum. You cannot notarize a document without a signature. Notaries notarize signatures on documents, not documents, and especially … read more …

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14. Sixteen year old Samantha calls a Notary to notarize an Affidavit for her mom who does not speak English. The Notary arrives only to find out that he/she cannot communicate directly with the signing who is the mother. Samantha offers to translate as she does that on a daily basis for her mom. What do you tell Samantha? In 49 states, direct ORAL communication with the client is required REGARDLESS of whether the document is in English, has been translated, or whether the Notary understands the document. You cannot use an oral translator except perhaps in Arizona (check AZ handbook for an accurate answer). Refer Samantha to find a Notary who speaks their language.

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15. John appears before you to sign a loan as an Attorney-in-Fact. He knows two verbiage variations for signing as an Attorney-in-Fact and wants to know which one to use. There are no written instructions. What do you do next? In this situation you have to call for instructions because POA verbiage is a matter of preference as there are eight legal verbiage variations for signing as an AIF. So, call the Lender or Title company in this case as the loan will not close if you did not use the verbiage of their choice!

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16. Credible Witnesses.
Jim appears before you to sign an Affidavit. But, he has no ID. What do you do? Many states allow for credible witnesses. Some states require two CW’s who must both know the signer while others allow for one that must know the notary and the signer. You can read up on your state specific rule on this convoluted subject of credible witnesses.

Also read – http://blog.123notary.com/?s=credible+witness

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17. Name two situations where you might need subscribing witnesses. Subscribing witnesses are witnesses that watch someone sign their name on a document. They are used for Proofs of Execution (look this one up in our Notary Acts section) and for Signatures by Mark or Signatures by X which is allowed in certain states (look up in our glossary.)

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18. The document is written in a language that the Notary does not understand. All states except for AZ require direct oral communication with the signer. However, written comprehension is a different ballgame and is very state specific. California only cares that the Notary notarizes the signature and doesn’t care if the Notary understands the document although the signer must understand what they are signing. However, other states can vary. Does your state require you to be able to read the language the document was written in? Look this one up in your handbook as we cannot help you in this matter because we don’t know!

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19. You have been instructed to notarize a form that does not have a certificate.
You are at a notarization and the instructions say, “Notarize this page.” However, there is no certificate wording on the page. What do you do now?

The Notary may not choose the Notary act as that might be construed as UPL. So, just ask the client or signer what act they want and then attach the corresponding certificate to the document. That’s all.

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20. Deeds of Reconveyence.
You go to a signing and one of the documents is a Deed of Reconveyance. Under the signature line has the word Trustee. Who is the Trustee, and do you notarize this document?

The Trustee is normally the Lender, but could also be the borrower if he has a company and is lending money to himself in another capacity. The Trustee could be anyone, so without specific instructions you should probably not have this form signed or notarized.

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You might also like:

Do you take control at a signing?
http://blog.123notary.com/?p=21104

Elite Certification will benefit you for the rest of your life
http://blog.123notary.com/?p=20770

The Grace Period after your signing
http://blog.123notary.com/?p=19465

10 ways female notaries can protect themselves
http://blog.123notary.com/?p=19196

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October 31, 2017

Notary Public 101 — Review Quick Pointers

Filed under: Loan Signing 101,Popular on Twitter — Tags: — admin @ 4:34 am

Return to the table of contents page of Notary Public 101

Here are some review pointers. Rather than teaching in index format like I usually do, these are quick facts you need to know. Besides those other facts your embarrassed parents thought you didn’t need to know.

An Affiant is someone who signs an Affidavit and swears under Oath. A Harvey Weinstein is someone who signs a check to a woman to hush her up and swears under his breath.

An Attorney in Fact is another way of saying Agent or Grantee for a power of attorney. An Attorney in Fiction is another way of saying Perry Mason.

A certificate is a form a Notary uses for executing Acknowledgments, Jurats, and other Notary acts that require a certificate. Florida and Texas use certificates for Oaths while most other states do not. You can buy certificates in pad format from the NNA and other vendors. You should keep these in your notary bag at all times because you WILL be using them.

A Principal is the main person who signs an Power of Attorney or who is signing a document that is notarized using the Proof of Execution procedure. It just means the main person who signs a document. Consider it your Notary bag of tricks. The other kind of principal is the person you’re sent to when you’re caught chewing gum in class. Memories!

The Venue is the part of the certificate where you document the state and county where the notarization is taking place. It is also the physical location where you might be at any point in time, especially during a notarization. On the other hand, if you pick up a Notary in a bar, the venue could be your place or mine.

In an Acknowledgment, the signer must acknowledge having signed a document in the physical presence of the Notary Public, but does not need to sign in front of the Notary (although Lenders prefer that they do.) Some lenders I know also prefer that the well-known phrase, “Neither a borrower nor a lender be,” NOT be acknowledged, because it would mean they no longer be!

In a Jurat, the affiant or signer must sign and swear to the truthfulness of the written statement or document in the presence of the Notary which is evident based on the Jurat wording, “Subscribed and Sworn to BEFORE ME.” Note that acknowledgments do not include the before me part when referring to signing. They also don’t include any swear words, so the “sworn to me” part is confusing.

Your Seal must be clear, complete and not smudgy and not have light or missing corners or you will be hearing from the county recorder and might have to redo your work. Seals may look smudgy even if they aren’t, if you forgot to wear your contacts.

It is illegal to omit an Oath or Affirmation when executing a Jurat. Many Notaries say that they never have to administer Oaths in their state. I’m not sure whether or not to believe them. But, you need to know how to do an Oath if you see the words, “Subscribed and SWORN to before me.”

Oaths begin with the verbiage, “Do you solemnly swear…” If you omit the term swear, then the proceding is not an Oath. Oaths are made under God while Affirmations are made on your personal honor. If you’re Harvey Weinstein, the personal honor part doesn’t apply. I affirm that will be my last Harvey Weinstein joke.

Affirmations use the verb “affirm” or “state” but not swear. If you swear it is not an Affirmation and if you affirm it is not an Oath.

Oral statements do not get the same Oath as a written document or statement. Do you solemnly swear that the statement you are about to make is true and correct is a good Oath verbiage for an oral statement, but would be completely wrong for a document Oath for obvious reasons. Don’t let the fact that oral hygiene is good and documented hygiene is also good confuse you.

In your Notary Journal create one entry per person per document. If there are two signers each signing three notarized documents, then enter six entries. Each one signed by the corresponding signer. And keep journal thumbprints just in case someone gives you a fake ID. (If you’re a liquor store owner and someone gives you a fake ID, give them your thumbprint down!) Keep additional notes if there is more than one document with the same name such as escrow numbers, addresses, or anything to distinguish the documents.

The purpose in keeping a journal is not so much to please your state although many states require this, it is to please the FBI & Judges as they will be the ones inspecting your journal if something goes wrong. (However there’s no pleasing some people, like my old girlfriend who complained when I had the toilet paper roll under, not over, and also when I had it over, not under.) California audits journals from time to time too and they will suspend you if you keep a bad journal or no journal.

If the identification does not prove a person’s identity then that is a questionable and possibly illegal notarization. Think of all the trouble you could get yourself into taking liberties notarizing. You could end up in court as a defendant. The ID does not have to exactly match the signature, but the name in the signature must be provable based on the ID. i.e. the ID says John William Smith and the signature on the document says, John W Smith — then it is provable and you should be okay. If your ID says “John Doe” and you’re checking into a hotel with a harlot, it isn’t provable but you should be okay if you wear protection.

Identification for the purposes of notarization should be government issued photo ID’s and be current (some states have exceptions to the current part.) A Social Security card or AKA statement is NOT acceptable for a Notary to use to identify a signer or verify a middle initial. If Social Security runs out in 30 years, you can use that to identify millennials’ middle fingers.

A thumbprint is the most unique and reliable way of identifying someone as a supplemental form of identification. Use a photo ID as a primary ID and thumbprint in your journal. That way if you are ever investigated you will have hard bio-metric data to find dangerous criminals. If the criminal had his thumb blown off, you’re on your own.

When doing a POA signing with an Attorney in Fact, there are multiple ways an AIF can sign. John, as attorney in fact for Sue. Sue, by John her POA, etc. To choose the right variation is NOT YOUR JOB. There are perhaps eight legally acceptable ways of doing the verbiage. It is up to the LENDER to decide which variation they want. Rely exclusively on them for this as choosing a variation is a matter of preference, and the loan will not go through if you goof on this. If you goof on your younger siblings, it’s perfectly normal.

Do NOT send loose certificates in the mail. You could end up in jail as it could be attached to anything. Certificates must be stapled to the document they correspond to — period! Do not send loose women in the mail unless she’s going to Harvey Weinstein. Darn! Okay, I promise, that’s the last Weinstein joke!

Do not ask Lenders or title people for notary advice. They will tell you what they want you to do which is often illegal and for their short term benefit. Rely on your state government and NNA’s hotline for reliable Notary knowledge. Other people are NOT experts at Notary law and might lead you astray by accident or for their convenience. Don’t trust anybody except Santa Claus and the Tooth Fairy. They don’t exist? Okay, don’t even trust them!

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October 18, 2017

An identity fraud case in Florida with 13 defendants: 10 minutes w/a judge

Filed under: Popular on Linked In,Technical & Legal — admin @ 12:54 am

This case made the news and was going to be a Federal Case. There were 13 defendants named in this identity fraud case. The Notary had to spend a week filing out paperwork for court. Then she appeared before the judge in his private chamber. The judge spent ten minutes looking at the journal and filled out some forms and said, “Case dismissed.” The Notary did not have to go to court for a month or appear a second time. It was her journal that saved her butt.

The main defendant added a second name to a Deed and forged someone’s initial. An entire court battle just because of one forged signature. Don’t underestimate how dangerous notarizing Deeds can be, so take all the necessary precautions.

So, if you say, “But, my state doesn’t require me to keep a journal.” Ask yourself if you want to lose a month of your life trapped in court without pay.

Keeping a journal is not that hard, so don’t make a Federal case out of it otherwise you might be involved in a Federal case.

You might also like:

It could cost $20,000 in legal fees if you are named as an identity theft conspirator
http://blog.123notary.com/?p=19481

$4000 in legal fees because fraud adds name to Acknowledgment certificate
http://blog.123notary.com/?p=19477

10 risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

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>

October 17, 2017

Notary Public 101 — Quiz Questions

Filed under: Loan Signing 101,Popular on Facebook (some),Popular on Twitter,Popular Overall — admin @ 2:32 am

Return to Table of Contents for Notary Public 101.

QUIZ QUESTIONS

If you have studied our short but sweet Notary course, you might be ready for some sample questions. We alternate questions on our real test, but these questions will help you learn the knowledge concretely so you do well should we ever quiz you.

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1. What is/are the difference(s) between an Oath and an Affirmation?

2. What is the difference between an Acknowledgment and a Jurat?

3. Name all Notary acts allowed in your state.

4. Who has the final authority to decide what goes in the venue for an Acknowledgment certificate?

5. Can a borrower initial in an Acknowledgment if there is a change?

6. If you add a loose certificate, what precautions do you take to make sure it does not get added to a different document by accident or fraudulently?

7. If the FBI comes knocking on your door because you notarized someone with a fake ID, what piece of information will they want to see?

8. Which Notary act can the signer sign ten years before appearing before the Notary Public?

9. What is the difference between an Oath for a document (such as an Affidavit with a Jurat) and a purely oral statement?

10. If you are using a preprinted Acknowledgment filled out by the lender, after you inspect the boiler-plate wording with the he/she/they, the date, and the venue, what other things do you need to check on the acknowledgment form before signing and sealing?

11. What is wrong with the following Oath? “Do you affirm that the information you provided is true?”

12. Can you give an Oath that says, “Do you solemnly swear or affirm that your name is Mickey Mouse?”

13. Name two Notary acts that do not have a written document.

14. Name several Notary acts beginning with the letter A as their first letter.

15. What does, “Subscribed and sworn to before me” mean?

16. If you see the words, “Subscribed and sworn to before me BY,” then whose name goes after the by?

17. What is an affiant?

18. What is the technical term for state and county?

19. Name several situations where you might add a loose certificate.

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October 16, 2017

Notary Public 101 — POA, DOR, Dates, X

Filed under: Loan Signing 101,Popular on Facebook (A little),Popular on Linked In,Popular Overall — admin @ 2:30 am

Return to the table of contents for Notary Public 101.

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ADDITIONAL TOPICS

These are really more loan signing topics, but I will include them in this basic Notary course since these are Notarized documents.

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POWER OF ATTORNEY

Notaries need to know the terms for the people involved in a Power of Attorney signing. The principal is the main person who signs the document who is the Grantor. This is the person who gives power of attorney to someone else to do tasks for him/her while he/she is incapacitated or out of the country. The Grantee is the same person as the Attorney in Fact or otherwise known as Agent. It is important to know these words and yes, we do test on them. However, at loan signings, people will do what is called a Power of Attorney signing. This happens when there is a completed Power of Attorney document and the Attorney in Fact will sign a loan on behalf of the principal. In these signings, they get rejected half the time for technicalities, so pay attention.

There are various ways for an Attorney in Fact to sign in their capacity.

John Smith as Attorney in Fact for Mary Smith
Mary Smith by John Smith, her Attorney in Fact.
John Smith POA for Mary Smith

There are more variations, but those are some common ones. The key thing to understand her is that:

The Lender decides the verbiage when you do a POA loan signing. The Notary might know the “correct” verbiage. However, legal information sites cite at least eight ways an AIF could sign in a POA signing that are all not BAD. The signing will be rejected if you do not sign exactly how the lender wants it. So, if there are no written instructions, ask the Lender.

How can I get a Power of Attorney Notarized?

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DEED OF RECONVEYANCE

The Deed of Reconveyance (DOR, not DOA by the way) is often signed by the Trustee and often has the term Trustee inscribed in the signature area instead of someone’s actual name which is very confusing and leads to trouble on a regular basis. Many Notaries have the borrower sign where it says trustee. Usually the trustee is a Lender, or might be the borrower in one of his capacities. If you are not sure who the Trustee is, then ask before you have someone sign there. It is safer to leave this form unsigned than guessing, otherwise you might cause a delay to the Lender and get fired. So, if you are not sure what to do, don’t have anyone sign where it says Trustee.

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DOCUMENT DATES

In the Notary world there are four types of dates. Transaction dates, rescission dates, document dates, and signature dates. The day you sign is the signature date and generally the transaction date. The rescission date is the last day to rescind. But, the document date is arbitrary and is created by the document drafter. It is normally either the day the document was drafted, the date it is intended to be signed, or an arbitrary date. There is no rule for what that date can be.

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SIGNATURE by X

If a signer is partially incapacitated and cannot sign their full name, many states will allow a Signature by X procedure. The procedure can vary state by state, but the way I was trained is as follows. The principal signs an X on the document and in your journal. There should be TWO SUBSCRIBING WITNESSES who witness the person sign. Witness #1 signs the person’s first name to the left of the X and witness #2 signs the person’s middle and last name to the right of the X. Do the same in the journal. Add a note to the document to let the readers and custodian know what happened as they might not be familiar with this procedure. Keep the phone numbers and ID info of the witnesses in your journal just in case.

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October 14, 2017

Notary Public 101 — Journals

Filed under: Comprehensive Guides,Loan Signing 101,Popular on Facebook (A little),Popular Overall — Tags: , , — admin @ 2:02 am

Return to table of contents for Notary Public 101.

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NOTARY JOURNALS

Not all states require keeping an official journal of Notarial acts, but 123notary requires it as that is the only evidence you have should you go to court. There are identity thieves and cons all over the place. They might pretend to be a home owner to steal that person’s equity or con grandma into giving her fortune away to some crooks. If your notarization ever goes to court, your journal is the only record of what happened and who signed what, etc. Most Notaries think keeping a journal is an annoying task that they do because they have to. It is the same attitude that children have towards doing their homework at age seven. But, your journal can save your neck, and I know many whose hides have been saved who ended up in court.

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ONE JOURNAL ENTRY PER PERSON PER DOCUMENT

Most Notaries think that you create one entry for each signer and then cram in the names of all of the documents you are notarizing. This is very sloppy. If you pick up five packages from FedEx, do you sign once or do you sign five times, each for a particular tracking number? If you keep one journal entry per person per document, then you have a signature proving consent to be notarized for each document you notarize. Additionally, you must name the particular and complete name of each document, and not just say “loan docs.”

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INFORMATION

In your journal you write the date, time, type of notary act, name of document (the full name, no abbreviations or check boxes here please) and the document date. You need to record the name, address, and ID of the signer as well. Then the signature, thumbprint and notary fee. Let’s focus on the document information in this section though. You need to record the:

Full name of the document, not an abbreviation.

Document Date — many documents have a document date inscribed within that is an arbitrary date created by the document drafter. It could be the date the document was drafted, or the date it was intended to be signed, or a random arbitrary date.

Other distinguishing factors — if you are signing multiple documents with the same name such as Deeds of Trust, Grant Deeds, etc., you need to differentiate them somehow. Escrow numbers, names of grantors, grantees, APN numbers, property addresses, number of pages, or anything else can help identify a document after the fact in case you end up in court.

Signatures — each line of your journal needs to be signed by the corresponding person. If John and Sally are each signing three notarized documents, then John gets entry 1, 2, and 3 while sally gets 4, 5, and 6. Each signer must sign their three entries otherwise the entries are meaningless.

Thumbprints — I am skipping mentioning more about the other things that belong in a journal as most Notaries get it, however, few Notaries keep thumbprints. Your journal thumbprint is the one piece of evidence the FBI will ask for when they come knocking on your front door. Additionally, it discourages fraud as fraudulent people do not want to be thumbprinted.

Other Information — Although I am skipping elaborating about the other journal fields, I will make a quick note about the additional information section in a journal. That leaves space for information about credible witnesses, subscribing witnesses, unusual facts about the signers, the location, or the circumstances in which you are signing. If the signer claims that they are being kidnapped, write that down in the additional information section of your journal, then call the police. If the signer has a weird neck tattoo, you might need to remember that in court. Put it in your journal. The judge will think you are a very thorough Notary.

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FINAL NOTE

The purpose of journals is not only to please your state’s Secretary of State, but also to please judges and FBI agents. Keeping a clean, correct and thorough journal will make a positive impression on the authorities and could keep you from being named as a suspect if God forbid you ever unknowingly Notarize an identity thief, fraud, or otherwise bad person. Notaries don’t get in trouble that often, but for those who make a career out of being a Notary, eventually you will be investigated at least once and perhaps end up in court, so keep your paperwork in order so the investigation is fast and smooth. Otherwise you might end up in court for a very long time — no joke! Roughly 1/7 of the Notaries on our site have ended up in court due to something that they notarized.

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October 13, 2017

Notary Public 101 — Identification

Filed under: Comprehensive Guides,Identification For Being Notarized,Loan Signing 101,Popular on Facebook (A little),Popular Overall — Tags: , , , — admin @ 2:00 am

Return to table of contents for Notary Public 101.

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IDENTIFICATION

As a Notary Public, the most important thing you do is to identify a signer. Different states have different rules for what identification document you can use and how someone is to be identified. If a Notary fails to do a good job identifying a signer, that Notary can quickly end up in court as a witness or defendant. In my opinion if you don’t do a good job identifying signers, you might as well not be a Notary Public.

Identification Documents & Characteristics
Commonly accepted ID’s include passports, driver’s licenses, state issued ID cards, military ID’s. Green cards (permanent resident cards) are not necessarily allowed, so look that one up in your handbook. As a rule, an acceptable ID must be:

Current — (there are exceptions in California, Tennessee and perhaps other states that allow the ID to be issued within five years even if it is expired.)

Government Issued — Some Notaries think that a signature affidavit or gas bill is a good secondary form of ID, but those are not government issued and you don’t know what the source of the information for the names on them are.

Photo ID — An acceptable ID should have a photo. I do not think that many states allow social security cards as secondary identifications. However, you can look that up in your handbook.

Physical Description — the ID would say your height, eye color, etc.

Serial Number — the ID should have a number such as A58362D.

Expiration Date — the ID should have an expiration date somewhere. Normally there is an issue date as well somewhere.

Signature — the signature on the ID is important because you will need to compare that to the one in your journal and on the document made by the same person.

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THE NAME ON THE ID

Different states have different rules for what the name on the ID should say relative to the name on the document. Some states do not require the names to match. Others require that the Notary be reasonably sure that the person in the ID and the person on the document are the same person. Reasonably sure is a wishy-washy term. You can never be 100% sure it is the same person because ID’s can be falsified and there could be multiple people with the same name as well as multiple people who look similar to each other. Identifying humans is easier than identifying squirrels, but there can still be confusion. The name on the document’s signature must be provable to the name on the ID, otherwise it would be questionable and risky to notarize that signature.

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PROCEDURE

When you do a Notary act, you ask for the signer’s identification. You record that information in your journal and you keep a journal whether your state requires it or not as that is your only evidence in court. You compare the name on the ID to the name on the document. If the name on the document is not provable based on the ID then you are advised to decline the notarization, especially if it is for a Deed. Here is a summary of the ID and acknowledgment notarization process.

(1) Ask for ID.
(2) Record ID information in journal
(3) Have signer(s) sign your journal and the document(s)
(4) Compare the name in the document to the name on the ID. Make sure the name on the document is provable based on the ID.
(5) Make sure the signature in the journal, document and ID all match.
(6) Fill out the certificate, sign and seal.

Examples of provability in ID
ID says John Smith — document says John W Smith…. name is NOT provable.
ID says John W Smith — document says John W Smith… name is provable
ID says John William Smith — document says John W Smith… name is provable based on the ID.

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FAKE ID

Keep an eye out for fake ID’s. There are guide books that can yelp you identify a false identification. If there is peeling lamination or the signature is above the lamination then it is fake. You can ask the signer what his sign is or what his birthday or height is. If he does not know his sign or birthday based on the ID, then his ID is fake. If he does know his sign that is great, but does not prove the ID is real.

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THUMBPRINTS

If you value your life, ask for journal thumbprints. They can keep you out of court. People might complain about being asked to be thumbprinted as it can seem like an invasion of privacy and a hassle — but a thumbprint is the only way an investigative agency can have a paper trail leading to an arrest of an identity thief. Thumbprints are the only unique form of identification a Notary can use at this point in time. No two thumbprints are alike, and they cannot be forged at a Notary appointment unless they wear a latex thumbprint on their thumb which would be easily detectable.

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You might also like:
Is it legal to photo copy a military ID?
http://blog.123notary.com/?p=22120

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