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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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February 23, 2016

The Closing Disclosure

Notaries have become moderately familiar with the new Closing Disclosure. I want to stress some important points about this document that you should memorize. I also added this content to the 30 point course for future reference!

1. The Closing Estimate
Previously there was a document called the Good Faith Estimate whose current replacement would be the Closing Estimate. Although these two documents are not even close to being identical, they go over the estimated costs of the loan among other information.

2. The Truth in Lending
This is now an antiquated document. The Truth in Lending had some bizarre and unhelpful verbiage about the prepayment penalty. It said you, “will, won’t or may” have a prepayment penalty. The Closing Disclosure states if you will or won’t but omits the ambiguous word, “may” from the document.

3. The APR
In addition to going over the APR, there will be a new figure discussed on the Closing disclosure called the TIP which is the total interest percentage.

4. Taxes, Insurance, Escrow Fees
Estimated escrow costs, insurance, taxes, servicing, assumption, and appraisal costs will also be covered in this new and exciting document.

5. The property address
Many loan signing courses claim you should look for the property address on the Deed of Trust or Mortgage. You can, but it is also on the Closing Disclosure on the upper left corner.

6. The Loan Amount & Rate
This is also covered on the upper half of page one.

7. Fees associated with the loan
The Closing Disclosure replaces the TIL and the HUD-1 Settlement Statement. So, items from the Settlement Statement such as fees or costs associated with the loan will be covered on this document.

8. Calculating Cash to Close
This is a very practical section that covers total closing costs, closing costs financeed, down payment, deposit, funds for borrower, seller credits, and adjustments. The bottom line in this section is the cash to close total amount.

9. Summary of Transactions
The sale price of the property, closing costs, HOA dues, deposits, loan amount, sellers credit, rebates, and local taxes are all part of the accounting spreadsheet in this section.

10. The additional information section about the loan
This section covers other specifications about the loan such as whether or not assumption is allowed, if there is a demand feature, negative amortization, late payments, partial payments, escrow accounts, and more…

11. Next, there is a basic loan calculation similar to what the TIL had with the total payments, finance charge, amount financed, APR, and the new figure which is the TIP.

12. There is a section listing other disclosures which will list the appraisal, contract details, liability after foreclosure (keeping it positive), refinance, and tax deductions.

13. And last there is contact information of the Lender, the Real Estate Brokers, and the Settlement Agents.

Sign below.

——————————————— ———-
Applicant Signature Date

Eventually I will create some test questions out of this material. I already have one, but I will derive some others as well.

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You might also like:

Ken’s tips for the Closing Disclosure
http://blog.123notary.com/?p=17116

The 30 point course’s guide to the Closing Disclosure
http://blog.123notary.com/?p=14291

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November 17, 2015

Filling out your journal before the appointment?

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

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

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

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

You might also like:

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

Everything you need to know about Notary Journals
http://blog.123notary.com/?p=70

What defines what a signature is?
http://blog.123notary.com/?p=22173

Can a notary sign on a different day?
http://blog.123notary.com/?p=22084

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