(2) Technical and Legal Archives - Page 14 of 29 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
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March 23, 2017

The 3 day right to rescind

Filed under: (4) Documents,Loan Signing 101 — admin @ 8:00 am

This article intends to clarify dating on the Notice of Right to Cancel or RTC.

A borrower went to confession

TOM: “Forgive me father for I have rescinded.”

PADRE: “Did you rescind in the 3 day period?”

TOM: “Yes, father.”

PADRE: “Then, it is okay in the eyes of the lord. 3 hail Mary’s.”

TOM: “It was in two days, so can you reduce my sentence to 2 hail Mary’s?”

When you get a non-commercial and non-investment personal refinance, traditionally you get three days to resind or cancel your loan. Counties these three days is a skill that Notaries need, but don’t always have. In the old days, and with certain lenders, the Notary is reponsible to write in the TRANSACTION DATE in a blank in the RTC.

The transaction date is the date when a notarization is done or when a loan is signed. Technically with Acknowledged signatures, the signature can be made previous to the Notarization. It might be five minutes previously or twenty years previous to the notarization. During loan signings, the documents are normally signed at the time of the loan signing and promptly notarized.

The signature date is normally the same as the transaction date, but not necessarily and is the date the person signed the document. Once again, in an Acknowledgment, that could come before the notarization if the borrower wishes to sign ahead of time, but at a loan signing is normally on the date of the loan signing.

The notarization date is the date when a document is notarized.

The recission date or deadline or last day to rescind is three days after the date of the signing not including Sundays or Federal hollidays or other days that the Lender allows.

Please note that business days only include Monday to Friday while days to rescind include Monday to Saturday not including Federal Holidays of which there are ten.

Let’s do some practice runs.

(1.) A loan is signed New Year’s eve on Friday the 31st. What is the last day to cancel your Refinance?
Sat would be New Year’s Day a Federal holiday. Sunday would be a Sunday and not counted. So, you would have… Mon, Tues, Wednesday would be the last day.

(2.) A loan is signed on Monday in April when there are no Federal holidays. The last day to cancel is… Tues, Weds, Thursday would be the last day.

(3.) A loan is signed on Sunday in April. The last day to cancel is… Mon, Tues, Wednesday would be the last day to cancel.

(4.) A loan is signed on Thursday in April. The last day to cancel is… Fri, Sat, skip Sunday and Monday would be the last day to cancel.

(5.) A loan is signed Wednesday before Thanksgiving. The last day to cancel would be… Fri, Sat, skip sunday and then Monday would be the last day to cancel UNLESS the Lender allows Friday as an arbitrary holiday (they can be generous if they like) in which case it would be… Sat, Mon, and Tuesday would be the last day to cancel. Whether Black Friday is considered a holiday or not is up to the Lender and they are 50/50 on this one. But, if they don’t specify, then it is considered a regular business day with exceptionally long lines!

Now boys and girls, we understand the RTC or Notice of Right to Cancel. We hope you are also aware of when the ten Federal holidays come. It is not a bad idea to have a Rescission Calendar. I heard that the NNA might have them, so get one that fits in your wallet.

What’s in YOUR wallet?

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March 21, 2017

When to refuse a notarization: a comprehensive guide

Filed under: Comprehensive Guides,Popular on Linked In,Technical & Legal — Tags: , — admin @ 9:38 pm

Most clients you have will have legal requests, but from time to time, there will be someone who wants you to bend the law, or someone who doesn’t understand proper protocol. Here is how to handle the difficult requests.

Situations where a signer is not appropriate to notarize
(1) If you cannot prove the signer’s identity with satisfactory evidence. Some states allow personal knowledge of the signer, so please study your state rules. Satisfactory evidence normally involves current, or near current driver’s licenses, passports, or other government issued ID. Each state has different variations on what is acceptable, so know your state rules!

(2) If the signer doesn’t appear before you.
This means that they should be a few feet from you and fully visible.

(3) If you cannot communicate directly with the signer.
This means that the signer needs to speak the same language that you speak. If you speak the signer’s language as a second language, but don’t know it well enough to understand all of the communication necessary to give instructions and answer questions regarding the notarization, then you should decline.

(4) If the signer refuses to swear under Oath if an Oath is required as part of the notarization.

(5) If the signer is being coerced to sign or pressured to sign.

(6) If the signer is drugged (perhaps in a nursing home or hospital,) confused, or disoriented. If they can’t answer basic questions about the document, they are not in a clear enough mental state to sign.

(7) If the journal entry requires a thumbprint by law and the signer refuses to furnish you with one.

(8) If the signer refuses to pay the Notary fee

(9) If the signer is so incapacitated that they cannot sign their own signature.

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Situations where the document is not satisfactory

(1) If there are blanks, or omitted pages in the document.

(2) The document lacks a notary certificate and the signer refuses to tell you which type of notary act they need done.

(3) The document is a vital record, or a type of document that may not be notarized or be copy certified.

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Situations where the Notary cannot notarize due to conflict of interest

(1) If the signer is your parent, spouse, child, or other close family member. It might be okay to notarize for cousins and more distant relatives although it is generally better to avoid notarizing anything important for a family member due to conflict of interest.

(2) If you are named as a beneficiary in a document or have any type of financial interest in the document being signed.

(3) If you are the signer of the document, you may not notarize your own signature (contradictory to popular belief.)

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I created this blog because of a discussion I had with a Notary who went to another Notary at a UPS store to get notarized. The Notary refuseed to notarize because the signer (also a Notary) refused to be thumbprinted. I had to look this up. California state law did not discuss the issue, but did say it was illegal for a Notary to refuse service. I researched what NNA had to say about this issue and they concured with California in an article about when to say no. In any case, I hope this article was helpful.

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March 15, 2017

Questions to ask to see if an ID is fake

Filed under: Technical & Legal — Tags: , , , — admin @ 7:58 am

As a Notary, you might run into a fake ID from time to time, but there are not so many of them out there proportionally. Most Notaries don’t bother to take a closer look at ID’s, but perhaps you should inspect each one as if it was fraudulently created.

Always inspect an ID to see:

1. There should be a physical description, expiration date and signature. If these are omitted, the ID is probably fake.

2. Newer ID’s contain raised lettering, embedded images, holographic images and microprinting.

3. A fake ID might have letters blurred together, or print that appears above the lamination.

4. Peeling lamination is a bad sign

5. See if the person’s eyebrows match. Women change their hairstyle and color regularly leaving the eyebrows. mouth and nose as more reliable features for identification.

Questions you could ask

1. You could ask the person their address or zip code.

2. Ask them their sign rather than their DOB. You can memorize a DOB, but nobody memorizes a fake sign. I’m a Leo by the way.

3. You could use an ultraviolet light to see if the perforated image looks authentic compared to a real ID (like yours in your pocket.)

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Notarized document expired identification
http://blog.123notary.com/?p=8294

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February 7, 2017

Notary Wording

Filed under: Technical & Legal — Tags: , , , , , , , , , , — admin @ 12:32 am

Notary Wording Varies from State to State
There is no official American Notary wording. Notary verbiage differs from state to state, and varies based on what type of Notary act you are having done. There are various common types of notarizations such as Acknowledged signatures, Jurats, Oaths and Affirmations. The vast majority of notarizations are Acknowledgments whose wording states that the signer appeared before the Notary, was positively identified, and signed the document.

Notary Certificates — what type of wording is included.
Your typical Acknowledgment or Jurat Certificate will include several sections with wording.

1. Venue
The venue states the state and county where the notarization is taking place. Please note that the Notary is not always commissioned in the county where the notarization is taking place. So, if you are in Orange county, but the Notary is from San Diego, please make sure they put the venue county based on where the notarization is taking place, and not where they live.

2. Boiler Plate Wording
The main body of the text could be worded in an infinite variety of ways, but normally state the date of the signing, name of the signer, the name of the Notary, the fact that the signer appeared before the Notary, the fact that the signer signed the document, and if an Oath was included (Jurats by definition have Oaths) then the fact that the signer swore before the Notary. The verbiage “subscribed and sworn to before me this (date)” is commonly used in many states especially in New York where the cabbies enjoy the swearing part more than any other part of the Notarization.

3. The Signature Section
The bottom of the notary wording or notary verbiage has room for the Notary’s seal which might mean their signature or their official notary stamp. In most states the Notary signs and stamps, or might even emboss with a non-inked embosser as a secondary form of stamp.

Types of Acknowledgments
Normally, when people want to be Notarized, they ask the Notary if they can notarize a Jurat for them. In actuality, most Notarizations are for Acknowlegments. Normally people can use an All Purpose Acknowledgment, but in Ohio, there is such thing as a Corporate Acknowledgment and Attorney in Fact Acknowledgment.

Where Can You Find Your State’s Wording?
If you visit our find a notary page, you can click on your state and find current notary wording for your state. Or Google your states notary wording. Example: “California Acknowledgment Wording.”

Sample California Jurat Verbiage

State of California
County of Lake

Subscribed and sworn to (or affirmed) before me on this 5th day of January, 2017, by Jedadiah Goldminer, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

(Seal)

Signature_______________________

Loose Certificates
Many documents have preprinted notary wording on them. However, it is legal to attach a loose certificate form using a staple. NNA is a great source for Notary certificate pads such as Acknowledgment Certificates, Jurat Certificates, and even Copy Certification by Document Custodian if you want to get fancy.

Filling out the Forms
It is common on Notary certificate forms to have sections where there is he/she/they or signature(s). You have to cross out the non-applicable word(s). If you are Notarizing a woman, cross out the he and the they and the (s). If you are notarizing a man and a woman in the same notary act, cross out the he and the she, but keep the (s). If you are notarizing a man who used to be a women — your guess is as good as mine — good luck, you’ll need it.

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We caught a bunch of frauds using Notary Verbiage
http://blog.123notary.com/?tag=notary-verbiage

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January 31, 2017

Can a Notary be an officiate at a Wedding or marriage?

Filed under: Technical & Legal — Tags: , , , , — admin @ 12:23 am

Can a Notary perform a marriage or be a wedding officiant? There are four states that currently allow Notaries to perform weddings. A Notary can solemnize a marriage if they are commissioned in:

Florida
South Carolina
Nevada
Maine

However, there are some additional qualifications, requirements and authorizations needed from your state. Please contact your state notary division to see how you can qualify to officiate at weddings. It is common for states to accept you as a wedding officiant if you are a Priest, Rabbi, Ordained Minister, Imam, etc.

Many Notaries add being a Wedding Officiant to their list of services. It is easy to make $100 to $250 for each wedding. Just don’t show up late, your you’ll create a bad memory that the married couple will keep with them for life! Many Notaries market their wedding services on websites, web directories such as 123notary.com, or by networking. We even met one Notary who specialized in gay marriages (who ran into trouble when he tried to get a wedding cake made in Indiana.)

The Notary needs to check wedding licenses, official name changes which often accompany the marriage, and then fill out a bunch of forms, get them notarized, and then send them in the mail, or preferably by Fedex. Loan signings typically end at the Fedex box, but that is where Marriages begin!

You can Google the term, “How to become ordained” to learn more about becoming a Minister in your state. Becoming ordained is normally non-denominational, but check with your church just to see if that will affect your relationship with them.

Joke:
A Priest, a Rabbi, and Imam, and a non-denominational Ordained Minister walk into a bar. The bar tender says, “So, what will you be having?” The Imam says, “A ginger ale on the rocks. Drinking alcohol is against my religion.” The Rabbi says, “I’ll have half a glass of Manichevitz Concord Grape if you’ve got it. I can do a blessing on your stock of it at no cost either — this week only.” The Priest says, “Yes brother, I’ll have white wine and a piece of bread.” The bar tender was confused and thought it should be red wine to symbolize the blood on the cross. The Priest explained, “It needs to be white wine to symbolize the color of drapes my wife forced me to buy that I can’t stand.”

So, the Bar Tender asked what they were all doing there.
The Ordained Minister said, “We’re here to perform a marriage — I guess they double booked.”
The Imam said, “Double booked? Quadruple booked! This couple is crazy. But, this ginger ale is excellent, must be one of those boutique brands!”

Q&A
Can a Florida Notary perform a wedding?
Yes, if they have the proper license.

Can a South Carolina Notary perform a wedding?
Yes, if they have the proper license.

Can a Maine Notary perform a wedding?
Yes, if they have the proper license.

Can a Nevada Notary perform a wedding?
Yes, if they have the proper license.

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January 17, 2017

Notary vs. Signing Agent

Filed under: Popular on Linked In,Popular on Twitter,Technical & Legal — Tags: , — admin @ 12:21 am

We write about this topic every so often. It is so basic and so critical that all new Notaries should understand. Every year, hundreds of thousands of Americans become Notaries. As Notaries they can perform tasks such as Acknowledging signatures, performing Jurats, administering Oaths, and other tasks which might be state specific. Notaries can hold their heads up high as their function is to identify signers, keep good records (in most states at least) and deter or prevent fraud. But, that is only if they are doing their job correctly — and most states do not vet their Notaries well enough to know the difference.

What is a Notary?
(1) A Notary Public is a state appointed official that is authorized to perform particular Notary functions. All states allow Notaries to perform Acknowledgments, Jurats, and Oaths, while some states allow Notaries to act as an official witness, safety box opener, proof of execution, protests, take Depositions, and more.

(2) A Notary receives a formal certificate of commission from their state, and a commission number.

(3) Many states require a Notary to have an official notary seal that has the Notary’s name, commission number, expiration date, state andcounty.

(4) Many states require the Notary to keep a bound and sequential official journal of notarial acts.

To be short, a Notary can perform certain basic Notary functions that their state allows them to function. Their state offers them a formal certificate of commission, and normally allows them to get one or two official Notary seals with their name, commission number, expiration date, city and state, etc. Notaries use prescribed state specific wording for particular Notary acts and that wording can be used on loose certificates that they can purchase from businesses who sell Notary supplies. A Notary is a public official, although most Notaries don’t understand that on an emotional level. They are appointed by their state as an official who will uphold (or at least are supposed to) the laws of their state at all costs.

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December 21, 2016

DOJ — and the risks of unsupervised notaries public.

Filed under: Popular on Linked In,Technical & Legal — Tags: , — admin @ 12:18 am

On Feb 9, 2012, the Department of Justice released some settlement terms for some of America’s largest lenders regarding the mandate of proper training and supervision of notaries. In October, the Consumer Financial Protection Bureau released their Examination Manual which included requirements for the proper and correct execution of notarized documents.

There are risks to hiring uneducated and unsupervised notaries. Many do not know how to give Oaths, or properly fill out Acknowledgment or Jurat Certificates. Companies are exposed to losses should their notaries make serious mistakes. If you hire notaries, you should make sure you find a way to test them on basic notary procedures and inspect the forms that they fill out. Additionally, you should ask them all about what types of identification is acceptable and how to fill in journal entries. More than half of commissioned notary publics really don’t know what they are doing.

February 9, 2012, the U.S. Department of Justice released settlement terms for some of the nation’s largest financial institutions; including the mandate of proper training and supervision of notaries public. October 2012, the Consumer Financial Protection Bureau released their Examination Manual which includes requirements for proper execution of notarized documents.

For years, educators and advocates of notaries public have warned employers of the risks associated with uneducated and unsupervised notaries public. Employers of notaries public can no longer ignore the risk to which these vital employees expose our institutions and companies. This live audio conference outlines the critical protections your company should put in place to protect your reputation and financial assets, above any statutory or regulatory responsibility to do so. In addition to the relevant settlement released in February 2012, precedent setting case law demonstrates the need for employers of notaries public to take a closer look at their notary education standards, management program, and disciplinary actions to protect their company and business transactions from losses that result from unrelated or from their own uneducated notaries public. Considering that the majority of the commissioning agencies of notaries public do not require any education of your notary-employees; your company is exposed to losses as a result of their errant processes.

After completing this live audio conference, you will understand basic notarial responsibilities, identify specific actions of notary-employees that expose your company to risk, and be able to implement a management and supervisory program that includes basic notarial education and performance expectations for all notary-employees.

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November 30, 2016

Notary Acknowledgment Wording

Filed under: Popular on Linked In,Technical & Legal — Tags: , , , , , — admin @ 11:11 pm

If you are a Notary, or want to get something Notarized, you will have to deal with Notary wording and perhaps Notary Acknowledgment Wording. There are various types of Notary acts, and Acknowledgments are the most common with Jurats in second place. The process of getting something notarized normally involves the signer personally appearing before a Notary Public, showing ID, signing a journal, etc. The Notary needs to fill in the notary wording on the certificate and then sign and stamp the paperwork. Here are some facts about Acknowledgments.

(1) Certificates
The instrument that contains Notary Acknowledgment wording is called a “Certificate.” A certificate can be a separate piece of paper that is added by staple to a legal document. Or, the certificate wording could be embedded in the document below the signature section. In either case, the Notary certificate must contain notary verbiage specific to the state requirements where the notarization is taking place. The format of the certificate typically includes a venue, body of the acknowledgment and then a signature area at the bottom. There is often an additional or optional information section as well. The Notary’s seal must be affixed near the signature section of the certificate whether it is a loose certificate or boiler plate wording embedded in the actual document.

(2) State Specific Wording
If the notarization is being recorded in one state, but being notarized in another, then the Notary Acknowledgment wording must be substantially similar to the approved and required state wording where the document is being recorded. Notary Acknowledgment Wording differs from state to state. You can Google your state’s Notary wording if you like, or visit our find a notary page for more detailed information.

(3) Jurats
Please also keep in mind that some people call all Notary forms a “Jurat” while a real Jurat is substantially different from an Acknowledgment as it contains an Oath (by definition) and requires signing in the presence of a Notary. State rules for Jurats also differ from state to state, so you need to find out what the rules are in the state that you are being Notarized in are.

(4) Sections in an Acknowledgment

(a) Venue (State of Nevada; County of Clark)
(b) The words, “Appeared before me”
(c) The date (i.e. 08-04, 2012)
(d) That the signer acknowledges signing the instrument that their name is subscribed to within
(e) Name of the signer and the notary.
(f) Proof of identity of the signer
(g) Signature (seal) of the notary
(h) A place for the notary to affix their official notary seal.

(5) Optional Information
There is also an additional information section on Acknowledgments where you can indicate the number of pages in the document, the document name, and other identifying factors. To deter fraud, it is a prudent habit to fill out as much additional information as possible and even get a thumbprint on the certificate as well as in the journal.

(6) Sample Acknowledgment Wording

State of California
County of Los Angeles

On 5-15-2011 before me, John Doe, notary public, personally appear Joe Barber who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and who acknowledged to me that he executed the same in his authorized capacity and by his signature(s) on the instrument the person, or entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY of PERJURY under the laws of the state of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal

—————————————— (affix stamp here)
(Signature of Notary)

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California Acknowledgment Wording Explained
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Optional Information on Acknowledgment Certificates
http://blog.123notary.com/?p=4407

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October 13, 2016

Notarization done at jail for vehicle release rejected at the Police station because Notary #1 used the wrong ack!

Filed under: Hospital & Jail Signings — Tags: , , — admin @ 11:32 pm

How is this possible? How can you use a wrong Acknowledgment? I heard this story from a Notary Public in some other state. But, what was wrong with the Acknowledgment? Was it from the wrong state? Was it filled out improperly? Or was the Acknowledgment labeled for a different document? I guess the Police don’t miss anything. In any case, if you are notarizing for a document that is to be submitted to a government authority, don’t miss anything, and make sure your stamp impression is clear as a bell.

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October 8, 2016

Where can I find a Notary to sign adoption paperwork?

Filed under: Technical & Legal — Tags: , , — admin @ 9:27 pm

Where do I find a Notary to sign adoption papers?
If you need a Notary for adoption papers, any commissioned Notary Public in your state will do. 123notary is a huge Notary directory with roughly 7000 Notaries who are ready and able to help you sign any type of documents. Just make sure that the name on your ID matches the name on the document. The name on the ID can be matching, but longer than the name on the document, but not shorter than the name on the document.

Visit our advanced search page to find a notary in your area. We also have bilingual notaries and a bilingual search function. And if you like the Notary enough, you can offer to adopt a Notary as well!

Where can I find a Notary for adoption paperwork at night?
123notary has many Notaries who offer late night service. They will have a 24 or owl symbol next to their name.

How much does it cost for an adoption Notary signing?
You need to contact individual Notaries to find out how much they charge. Notaries on 123notary normally charge a travel fee and then a fee by the signature for each signature Notarized.

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