(2) Technical and Legal Archives - Page 15 of 29 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
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October 1, 2016

How do I do a Signature by X notarization?

How do I do a Signature by X?
How do I do a Signature by Mark?

Signature by X is a relatively simple proceedure normally used for elderly people who are too frail to sign their entire name and who can barely hold a pen. Signature by X requires the use of two subscribing witnesses. The function of a subscribing witness is first to witness the signature of the principle and second, to sign the person’s name next to their X.

Subscribing witness #1 must sign the person’s first name and middle initial (if any) to the left of the X in the Notary journal and on the document.

Subscribing witness #2 must sign the person’s surname to the right of the X on the document and in the Notary journal.

It is also prudent to indicate on the document who the subscribing witnesses are, and perhaps even their driver license information just in case they need to be identified after the signing for any legal reason.

Signature by X is also known as Signature by Mark (which would be a great name for a Notary business if your name was Mark.) If your name is Malcolm X, you also might find the signature by X might be the only way to get yourself notarized. Additionally, if you sign by the x with an X, there might be too many x’s. Just make sure there aren’t three x’s in a row otherwise that would be pornographic.

How much should a Notary charge for a Signature by Mark?
A Notary could charge for the signature of the principle and also might charge an extra fee for the witnesses, although you would have to query your state laws on charging for witnesses, especially if an Oath is involved. To learn more about Signature by Mark, you can get a Notary Law Manual for your state from the NNA or look up the Notary laws on your state notary division’s website!

Find a Notary on 123notary.com to do your Signature by X Notarization!

You might also like:

What is a Signature by X or by Mark?
http://blog.123notary.com/?p=2278

Signature by X from A to Z
http://blog.123notary.com/?p=203

Our string about credible witnesses
http://blog.123notary.com/?tag=credible-witness

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September 15, 2016

One signing — two venues?

Filed under: Technical & Legal — Tags: , — admin @ 11:27 am

It happened many years ago. I had to do a split signing, but not for a split level building thank God. The husband was in Orange County, but the wife was in Ventura. Some marriage they must have had — but, I couldn’t say anything because — I’m just the Notary!

I couldn’t figure out what to put in the venue though. The signing was happening all on the same day, so technically, I could use one Acknowledgment. The signing company insisted that I only use one Notary Acknowledgment for both signers even though the law allows for the use of one per person. Legally, it is cleaner, but not necessarily more legal to do the signing using two separate acknowledgments since each signer was in a different county. But, the signing company recommended something completely different.

Put two counties in the venue? What? Yes, this is exactly what the signing company asked me to do after talking to one of their Notary experts on their panel of in-house specialists. I was to put:

State of California
County of Ventura & Orange

The surprising thing is that the county clerk didn’t complain about this. Lucky me. They could have thrown the whole signing back in our face on a whim but they didn’t. Perhaps because my seal was not smudgy. But, this will be a great story to tell my grandchildren if I ever have any. But, you can’t have grandchildren if you don’t have children and you can’t have (legitimate) children without a wife. Boy, I’ve got to get myself a girlfriend and fast!

You might also like

Two Notaries assigned the same job
http://blog.123notary.com/?p=1060

What is a venue in a Notary certificate?
http://blog.123notary.com/?p=8454

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September 11, 2016

How do I get a foreign language document notarized?

How do I get an international document notarized?
How do I get a foreign language document notarized?

This is a tricky point in Notary law. The answer is that it depends on what state you are living in. California requires the Notary to be able to communicate directly with the signer which means you need to know the same language well enough to communicate. However, California doesn’t require the Notary to understand the document. Other states might require the Notary to understand the entire document.

The Main Function is to Identify the Signer
The main function of a Notary Public is not to understand the document, but make sure the intended signer is mentioned in the document and is the person actually signing the document. The Notary uses identification documents to identify the signer. Normally a drivers license or passport is used to identify the signer.

Find Out Your State’s Rules
Most states allow notarizing foreign language documents if the Notary doesn’t know the particular foreign language. To find out your state’s rules for whether or not the Notary has to understand the document, you can visit your state’s notary division’s website. Many state notary websites omit critical information about many Notary procedures. So, if your state doesn’t specifically say that you can’t notarize a foreign language document, then it is up to your interpretation. However, the certificate for the notarization (which could be a loose form stapled to the document) must be in English and using wording identical or similar in content to your state’s official notary wording.

Direct Communication with the Signer
Some states allow the use of interpreters during a notarization for the Notary to communicate with the signer. It is not safe to do this as the interpreter could make a mistake or deliberately mislead the signer which could lead to trouble down the road. Even if your state doesn’t require direct communication with the signer, I recommended just to be on the safe side.

You might also like:

Notarizing your foreign language document! (Ken’s guide)
http://blog.123notary.com/?p=2768

10 tight points on loose certificates
http://blog.123notary.com/?p=15449

What is a Notary Public?
http://blog.123notary.com/?p=6498

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August 28, 2016

August 16, 2016

Hospital Notary Jobs

Hospital Notary Jobs

Hospital visits present the greatest personal risk, even greater than jail visits. When you visit a prison the staff knows your personal safety is their responsibility. At a hospital you are virtually ignored. The passing of infections is an obvious key issue; both ways. If you have the slightest contagious aliment it’s best to avoid hospitals. Two main reasons: your personal defenses are reduced, and you can infect a patient, potentially with dire consequences. Most of the NY hospitals that I go to have both facemasks and hand sanitizer at the entrance. Use both, also press the elevator button with a pen; generally avoid touching things. If you ask someone they will usually give you a pair of thin rubber gloves – additional protection.

Hospital visits should always be prepaid. You should stress the potential problems and frankly inform your caller that the risks are theirs. Your fee is earned when you to go to the facility and notarize if you are permitted to do so. There may be objections by the facility, ID issues, access limitations, ability to sign, ability to understand, etc. There is a good chance your client will be named as Agent on a Power of Attorney. Persons obtaining POA authority are quite willing to pay mobile notary fees; and have a great interest in obtaining the notarized document. Though their interest is irrelevant to your go/nogo decision; it’s worth mentioning. The majority of hospital POA jobs are, in my experience; for loving, concerned relatives who want to help. Of course some wish to exploit the afflicted – it’s virtually impossible to derive their true motivation.

But, your job is to notarize, if you feel doing so would be morally and legally proper. Hmmmm, just where did morally enter into the law? There are (at least in NY State) some “judgment call” aspects. Do I feel that the affiant understands the document and consents to it? Did the ID meet the standard of “adequate proof” – perhaps the photo on the license was a long time ago. Let’s continue with your approval of the situation.

You don’t know and will not be told what their affliction is. Sometimes there will be a “facemasks required” sign on the door. You should be wearing your facemask during every visit. Also take care about having the patient use your pen. Consider leaving it in the room, or at least giving it a good wipe with the hand sanitizer, there are usually several on each floor. Usually someone else is in the room. Show them where the patient needs to sign and stay a few feet away. But, you still need to witness signing a Jurat and need to administer an oath. They can bring the document to the patient while you observe. Just be sure that “they” do not sign for the patient!

Back to your fee. Some make payment on the web site with a credit card. Others prefer to pay with cash. Cash should be collected in the lobby if possible, or call your client out of the room and settle the finances first. Recall that you carefully covered all of the possible impediments to being able to notarize. Your “payment first” policy should have been carefully covered by phone prior to any travel, when accepting the assignment. Similar to prisons, things tend to move slowly in a hospital. You may have to wait while bedding is changed, test administered, etc. My basic notary fee at a hospital is half again what the fee would be for an office or home visit. Stress openly and honestly that all “risk” is on their side – you will do the job if conditions warrant, and total legality.

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You might also like:

When to ask for ID over the phone & fees at the door
http://blog.123notary.com/?p=15282

Hospital Signings
http://blog.123notary.com/?p=3764

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July 12, 2016

Subscribing Witnesses Explained

There are TWO types of subscribing witnesses.

1. The person who appears before a Notary on behalf of someone being notarized with a Proof of Execution is called a subscribing witness or executing witness. The actual signer cannot appear before a Notary Public, so a witness is used to sign on the principal’s behalf and swear. The basic idea is that the subscribing witness witnessed the principal sign the document.

2. A person who witnesses a disabled person who is signing by X in a document is also called a subscribing witness.

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As a Notary Public, you may come into a situation where the signer is not able to sign. Most Notaries are not trained in how to handle such situations. If you do hospital notarizations you will deal with this situation a lot. Some signers cannot move their arms properly. Others cannot sign their name. If you can get them to sign an X in your journal and an X in the signature section of the document with two subscribing witnesses watching. You are in luck.

You need to have the subscribing witnesses sign your journal and input their drivers license info as well. Additionally, the subscribing witnesses sign the first and last name of the signer on the document which sounds like forgery, but many states allow this. Check your state notary handbook to see if this procedure is legal in your state.

Signature by X from A to Z
http://blog.123notary.com/?p=203

Subscribing Witness Glossary Definition
http://www.123notary.com/glossary/?subscribing-witness

What is Signature by X or Signature by Mark
http://blog.123notary.com/?p=2278

Types of witnesses in the notary profession
http://blog.123notary.com/?p=5664

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July 5, 2016

Credible Witnesses — The Process Explained

What is the process for using credible witnesses? First of all, not all states allow the use of credible witnesses.

Which states allow credible witnesses?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4047

One Witness or Two?
Some states will allow the use of one credible witness that knows the Notary and also knows the signer. Other states require the use of two credible witnesses. You need to know your state law to know what your state allows.

Knowing the Signer
The next question is, how well does a credible witness need to know a signer in order to swear under Oath that they know that person as a particular name? Most credible witnesses know the person as Joe, and have no clue what the last name is. They are swearing under Oath to something they were verbally told at the time of the notarization and they don’t really know Joe that well. In my opinion, credible witnesses should not be legal unless there is more scrutinizing to see how well they know the signer and how they learned the signer’s name before they were told at the signing what the Notary wants the signer’s name to be. Perhaps the Notary should ask the witness what the signer’s name is rather than telling them.

Journal Requirements
Credible witnesses must SIGN the notary journal, but NOT in the signature section. They must sign in the notes section. The Signer signs the journal in the signature section — get that straight! The Notary should write down the name, address, and driver license number of the credible witness as well.

Oaths
Finally, the Notary must administer an Oath to the credible witness(es) asking them to swear that the name of the signer is John Q Doe, etc.

Summary
The idea of having credible witnesses is the best thing that ever happened to the Notary profession. Using credible witnesses you can legally notarize a signer as Mickey Mouse or Ronald Reagan — and all without any form of identification. We recommend you take journal thumbprints of the signer for proof that the signer really is who they say they are just in case fraud is suspected. Most states do not require journal thumbprints, but take them anyway because you will get investigated one day — and perhaps by an investigator named Mickey Mouse.

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You might also like:

Where do credible witnesses sign the notary journal book?
http://blog.123notary.com/?p=2508

Credible Witnesses from A to Z
http://blog.123notary.com/?p=452

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June 28, 2016

How good is your technical knowledge, should you learn more?

Most Notaries feel that they know it all and don’t need to learn anything more. But, the knowledge necessary to make it in this profession is deep and what you need to know keeps changing. So, you my friend need to keep reading. In addition to passing the certification exams of the various Notary companies out there, you also need to read.

What types of eduational content should you read? NNA has a good blog with technical posts. 123notary has a wealth of technical blogs as well.

123notary’s 30 point course
http://blog.123notary.com/?cat=3442

Best Notary Blog Articles for Advanced Notaries
http://blog.123notary.com/?p=14736

Signing Agent best practices – 63 points
http://blog.123notary.com/?p=4315

What’s the difference in getting 16 clicks a month and 100+?
http://blog.123notary.com/?p=13185

Notary Information for beginners — best posts
http://blog.123notary.com/?p=10472

Everything you need to know about writing a great notes section
http://blog.123notary.com/?p=16074

Notary Journals from A to Z
http://blog.123notary.com/?p=8348

Business Tips for Notaries
http://blog.123notary.com/?cat=3246

Marketing Articles for Notaries
http://blog.123notary.com/?cat=3256

Jail & Hospital Signings
http://blog.123notary.com/?cat=3251

Technical & Legal Posts
http://blog.123notary.com/?cat=3244

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March 16, 2016

Can you send a loose acknowledgment? You should hear the answers

I asked a Notary the following questions.

Can you send a loose Acknowledgement if the Grant Deed you already Notarized and send it had a smudgy seal?

The Notary said, that yes you could. You just attach it to the Grant Deed.
I replied back that if you attach the certificate to the Grant Deed, that it would no longer be loose. It is kind of like asking if a virgin can be sent in the mail and you say — yes, she just has relations with Tim and then you can send her. If the virgin had relations with Tim she would no longer be a virgin just like the Acknowledgment Certificate on the Grant Deed would no longer be loose if it were attached to the Grant Deed. On a brighter note, if Tim were the only lady that the “virgin” had relations with, at least she would not be considered to be “loose” like the acknowledgment whose final words were, “Baby, I’ll attach myself to any document… anywhere… any time…”

Legal or not?
Many Notaries feel that it is fine to send a loose Acknowledgment in the mail. This is actually not legal in most states. Acknowledgments should be attached by a stable to the document they are associated with. If the stamp was smudgy on the initial acknowledgment, some states might allow you to destroy the original acknowledgment and add another non-smudgy one in its place. But, no state will allow there to be two acknowledgments for one Notarization floating around. That is just plain crazy.

California?
California wants Notaries to completely re-do smudgy signings. You would have to go back and visit the signer all over again, get a new signed journal entry, and do the Notarization as if you were doing it for the first time if God forbid — there was a smudge.

Summary
The way to handle Acknowledgments with smudges varies from place to place. But, you need to know what the law says so you don’t do something stupid. Most Notaries that I talked to do not have a thorough understanding of the law about this topic.

You might also like:

10 tight points on loose certificates
http://blog.123notary.com/?p=15449

Sending loose certificates is illegal
http://blog.123notary.com/?p=2470

Notary Certificates, Notary Wording & Notary Verbiage
http://blog.123notary.com/?p=1834

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February 24, 2016

Notarizing John W. Smith

Recently, I have been calling many notaries over the phone and asking them Notary questions. The Notaries on 123notary typically are fairly strong about signing agent knowledge, but weak on basic Notary skills. Many Notaries are unaware that you cannot Notarize someone unless you personally know them (allowed in some states) or can prove their identity based on satisfactory evidence. The state laws do not always give case studies of tricky cases as the states don’t make it their business to make sure Notaries are understanding or obeying the law.

The example I give is:

You are asked to Notarize a person whose ID says John Smith. The document says John W Smith. Do you Notarize based on the name on the ID, the document, or cancel the signing.

The types of answers I get are.
(1) You always notarize based on the name on the document because that is the name on title.
Commentary: Unfortunately, the Lender won’t be able to sell the loan if the name notarized doesn’t match the name on the document. However, your commission can be revoked if you get caught notarizing signers based on names not documented in their identification. If the ID says John Smith, you cannot notarize a longer name variation in any state that we have heard of.

(2) Get a 2nd ID.
Yes, in real life, you would ask for another ID or perhaps try to get some credible witnesses if your state will allow for that. However, in our question , it is multiple choice, and asking for a passport is not one of the choices. This error falls more in the category of listening and following directions which is crticial in any profession.

(3) You can notarize a name that is matching or shorter than the name on the document.
Commentary: WRONG. You got the right rule, but in reverse! You can notarize a name that is matching or shorter than the name on the ID — NOT the document. If the name on the document is longer than the name on the ID, then you have not identified the signer as the person named in the document.

On a more humorous note. I think it would be funny if one of the Notaries I called was named John Smith. On the other hand, we have a customer named Pocahontas. She’ll probably laugh when we talk about Notarizing John Smith. But, don’t worry, OUR Pocahontas is over 12 years old — or at least that’s what her ID says!

You might also like:

The man who wouldn’t use his middle initial
http://blog.123notary.com/?p=4040

Hospital signing issues
http://blog.123notary.com/?p=20913

How would you notarize a document with no signature line?
http://blog.123notary.com/?p=20890

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