(2) Technical and Legal Archives - Page 19 of 29 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
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August 29, 2014

Notary Information for Beginners – Best Posts

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

What makes a mobile notary a mobile notary?
http://blog.123notary.com/?p=8302

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

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

Identification requirements for being notarized
http://blog.123notary.com/?p=4299

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

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Become a Notary
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Notary Oath of Office information
http://blog.123notary.com/?p=2545

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Notary Acts
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What is a Jurat?
http://blog.123notary.com/?p=6937

Everything you need to know about Acknowledgments!
http://blog.123notary.com/?p=1199

Optional info on Acknowledgment Certificates
http://blog.123notary.com/?p=4407

Information about various notary procedures
http://blog.123notary.com/?p=2268

Interesting and uncommon notary acts
http://blog.123notary.com/?p=483

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Additional Info
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Industry standards in the notary business
http://blog.123notary.com/?p=4370

Fraud and forgery related to the notary profession
http://blog.123notary.com/?p=2294

Which states allow e-notarizations?
http://blog.123notary.com/?p=2528

Notarizing your foreign language document!
http://blog.123notary.com/?p=2768

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March 4, 2014

Choosing a name for your business license

Many Notaries get business licenses. They choose names for their companies. Often they want to use their property management company’s name on their notary advertisement. I think it is a bad idea. A good Notary business name should have the word “notary” or “signings” in it or at least sound attractive to somebody searching for a Notary Public.

Types of Notary business names to think about

“Polly The Notary”, would be a good business name. It makes it clear who you are and what you do. We have a handful of Notaries on our site who use similar sounding business names such as Ellen The Notary.

“Joseph’s Notary & Apostille”, is good because it lists two of your services and who you are. Apostille service is less common, so it makes it easier to identify that you provide this rare service.

“Sepulveda Signings”, let’s people know that you do notarizations or loan signings (probably) and ties you into a particular geographical location that makes you unique.

“Cranston & Cranston”, is not as good because you sound like an Attorney’s office, and NOT a notary service.

“JP Management”, might be good if you are in the Real Estate business, but not an effective name for a notary service.

“Accurate Signings” is attractive, but other companies already took this name. Some people feel it is good to use an attribute in the name of your company, while others feel that companies that use attributes in their name don’t always deliver the highest quality of service. This is a judgement call on your part!

Think from the perspective of your clients
The name you put on your business license that you get at your county clerk’s office is up to you, but think from the perspective of prospective clients! Choose a name that is pleasant and easy for them to keep in their busy and distracted heads! Registering a business name only takes a few hours, and costs less than $200 in most cases. It involves standing in line in the county clerk’s office, filling out a few forms, paying for a newspaper advertisement to display your new business name. It is not hard. You only have to register your notary service once. Good luck!

Is your name unique enough?
Another factor in choosing your business name is sounding unique and not being confused with one of those other Notary companies that is behind due paying their bills. The fastest way to ruin your reputation is to pick a business name that sounds similar to someone else’s. So, do lots of queries on Google to see what other people are doing before you pick your name.

They change their business name every month!
Ironically, we have a handful of Notaries on 123notary who change their business name on our site every month. One month it is JC Notary, the next it is JC Notary & Apostille, then the “&” becomes an “And,” and it keeps changing. The only thing that crosses my mind is — what is the name on your official business license, and do you even have a business license?

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You might also like:

You could get sued if you don’t have a business license
http://blog.123notary.com/?p=7100

Silly names for notary businesses
http://blog.123notary.com/?p=4231

Registering a business license
http://blog.123notary.com/?p=742

Operating without a business license & getting put out of business by the state!
http://blog.123notary.com/?p=2804

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January 18, 2014

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

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

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

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

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

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

You might also like:

Stealing a business name
http://blog.123notary.com/?p=2660

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January 12, 2014

I go over the HUD-1 first

I go over the HUD-1 First

Some notaries public start the loan at the beginning and go in the order that the documents are in. Ninja notaries call this following the order of the universe. But, other notaries public start with the HUD-1 Settlement Statement first. It is sometimes helpful to go over the most critical figures in the loan. That way if there is a problem, you will know at the very beginning.

On the other hand, you could call the borrower up before you leave your home and go over the numbers. That way you can stop a bad signing right before it even starts! That is sort of like reading the weather report online before you drive two hours to the beach. After all, do you want to go to the beach while it is raining?

One of our notaries public likes to go over the bottom of the 3rd page of the HUD and get to the really critical information first. To each their own. Just remember — either follow the order of the universe or follow your own inner order (if you have one). Good luck!

Think ahead — go over the HUD-1 Settlement Statement

Tweets:
(1) Some notaries start the loan at the beginning and go in the order the docs are in.
(2) You could call the borrower up before you leave your home & go over the numbers
(3) One of our notaries likes to go over the bottom of the 3rd page of the HUD & get to the critical info 1st.

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January 6, 2014

Can a Notary notarize a Will or Living Will?

To make it quick and simple — Yes, a Notary can notarize signatures on a Will, although it is generally discouraged unless given written instructions by an Attorney. Wills are normally witnessed, but not notarized. But then, why be normal?

Can a notary witness a Will?
YES, a Notary can witness the signing of any document. However, it is discouraged for a notary to be involved in any transaction as a witness or Notary where they might have beneficial interest or financial interest! If the notary benefits in any way from a Will being signed or is closely related to a beneficiary, they could be said to have beneficial interest. Anybody eighteen years of age or older who can sign their own name and watch someone else sign can be a witness to a will. It is that simple!

Can a notary draft a Will?
Document drafting might be considered part of the practice of law in your state. You can ask your state bar association if a Notary can draft a document, or if a notary can draft a legal document. The answer is most likely no. Unless you are trained and authorized, I would stay away from document drafting of legal documents since it is so sensitive!

Then who can draft a Will?
Ask an Attorney to help you draft a Will. Ask the Attorney if the Will should be notarized or only witnessed. The witnesses of the Will can also be notarized by the way!

What about a Living Will?
Living Wills are typically very long documents drafted by Attorneys who specialize in Health Care legal documents. Health Care Power Of Attorney documents are close relatives of Living Wills. Living Wills are typically notarized and often need a notarization in the middle of the document as well as at the end of the potentially dozens of pages.

Can a notary notarize a Living Will?
Sure!

How about a Dying Will or a Won’t? Or a Living Will that doesn’t have a pulse! I know a Notary who is dying to notarize a Won’t with or without instructions from an Attorney!

Tweets:
(1) Yes, Notary can notarize signatures on a Will, although it is generally discouraged w/o written instructions from an Attorney.
(2) Document drafting may or may not be considered practicing law in your state. Ask the Bar Association.
(3) The difference between a regular Will and a Living Will is that the latter has a pulse.

You might also like:

Can a notary sign on a different day?
http://blog.123notary.com/?p=2457

The lady and the handwritten Will
http://blog.123notary.com/?p=3609

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

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November 15, 2013

Common Mistakes with: 1003, Crossing out, RTC, TIL & APR

The problem with the signing agent industry is that education is simply not taken seriously. Newer signing agents will take a certification course somewhere, pass by the skin of their teeth, and then say, “I’m done learning”. The effect is that their brain turns off, and there is no more curiousity to learn or thirst for knowledge.

123notary offers a lot of information in the blog which is free, not to mention a plethora of signing courses and new testing systems that are currently being experimented with. Please take advantage of the information that is out there for best results.

Here are some common mistakes that are really dumb that newer signing agents do.

(1) Call the lender about the 1003
The 1003 is always wrong. It is not a final document by the way. The natural order of documents in terms of the finality of information starts with the 1003 which is an application. This application is typed up by minimum wage workers who systematically make mistakes, and the lenders as a group seem to think it is okay to make mistakes on loan documents for loans of half a million dollars. First of all it is NOT okay, secondly it upsets borrowers, and thirdly, it leaves signing agents in a perceived quandary. They think they need to call the lender if information in this document is wrong. This is the one document you can do cross outs on. It doesn’t matter. The next version of information about names and numbers would be the Good Faith Estimate. It is once again a preliminary document and just an estimate. The final document with numbers is the HUD-1 Settlement Statement. If there is an error here — then it is time to call the lender and perhaps even redraw the documents or just cancel the entire loan process

(2) Just cross out and initial
Many lenders have low standards. We live in a world where standards are pathetically low. Just because a handful, or more than a handful of the lenders you work with have low standards doesn’t mean that you should. There exists a concept called “Best Practices”, and that concept involves not making a mess unless you really are compelled to. If names are wrong on documents AND THE LENDER IS NOT AVAILABLE (which is the norm), you can initial under the last few letters of the last name. This is clean, and the processor can cross-out after the fact or do whatever they like. YOU are not compelled to cross out. Just leave a voice mail for the lender to let them know what you did and why. If there are errors on the notary certificates, once again crossing things out is unprofessional and messy. Keep in mind these are LEGAL documents and making a mess on a legally binding document seems very questionable at best. It is cleaner to get a loose acknowledgment, staple it and start fresh without the cross outs. So, when do you need to cross things out? On the right to cancel if you need to change dates, and there is no borrower copy with the dates left blank — THEN, and only then in my experience are you compelled to cross out the old date and write in a new date and have the borrowers initial

(3) RTC
Guess what. The day of the signing is NOT included in the (3) days to rescind. Many newer notaries don’t know this. The reach for their rescission calendar because they can not think on their own. Learn to calculate, learn to count, and learn to think. Learn when the Federal holidays happen and learn to calculate rescission dates when a signing happens right before a Federal holiday.

(4) TIL
Many signers think that there is detailed information about the prepayment penalty on the TIL. Wrong. The TIL states that you will, won’t, or might have a prepayment penalty. That is not what I consider detailed, that is merely a tidbit of information.

(5) APR
Few if any newer signing agents, or even experienced signing agents can discuss the APR and sound professional doing so. Learn and memorize a professional sounding definition of this figure so that when asked, you will be able to answer FLUENTLY, even in your sleep.

You might also like:

How do you explain the APR to a non-borrowing spouse?
http://blog.123notary.com/?p=4455

Minimum competency guide discusses RTC, APR, Journals & more
http://blog.123notary.com/?p=4337

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November 4, 2013

Notary Journals from A to Z

Not all states require a notary public to keep a notary journal. However, we recommend keeping one for all notary acts simply because it is your only evidence if subpoenaed to court or investigated. The purpose of a notary public is to identify signers and deter fraud. If you don’t keep proper records of notary transactions, several years after the fact, you will have no way to investigate whether the transaction was fraudulent or not. A prudent notary keeps a bound and sequential notary journal and keeps all transactions logged in chronological order.

Information recorded in a journal entry:
Date & Time — i.e. 12:04pm
Type of Notarization — i.e. Acknowledgment, Jurat, Oath, etc.
Document Date
Name & Address of the Signer
Identification of the Signer — i.e. type of identification or credible witnesses
Additional Notes
Signature of the Signer
Notary Fees
Thumbprint of the Signer

Q&A
Q. If I am doing a notarization near midnight, what date do I put on the transaction?
A. Date the transaction based on when the signer signed the journal which happens at a point in time rather than a range of twenty minutes which is how long a notary transaction could take in its entirety.

Q. What do I put in the additional notes section?
A. If you are pulled into court several years after the fact, good notes in your journal might help to remind you about the notarization. You could describe the building, or unusual features of the signers or their behavior.

Q. If I’m doing a loan signing for a fixed fee, how do I document the notary fees?
A. Most notary jobs involve one or two notarized documents and there is a fee per document. If doing a package deal, try to divide the fee for each notary done, or just indicate the total fee for the signing. The important thing is to keep accurate documentation.

Q. Is it important to take journal thumbprints?
A. Yes. Identification documents can be falsified, but you cannot falsify a thumbprint before a notary. You should ideally take a flat impression from the signer’s right thumb for your journal thumbprint. Additionally, I have never heard of a falsified thumbprint ever being used. A thumbprint can keep you out of court as it proves the identity of the signer. I was once investigated and the investigation ended two seconds after I mentioned that I had a journal thumbprint of the signer.

Q. How do I store my journal?
A. You current journal should be kept under lock and key when not in use. Some states require this by law, but it is recommended for all states. Keep fully used journals in a safe storage spot somewhere.

Q. How long do I keep my journal?
Keep your journal until the end of your notary commission. Some states want you to submit your journals to the secretary of state’s office or county recorder when your term is done if you don’t renew. Each state has their own rules, so please ask your state’s notary division.

You might also like:

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

Index of posts about Notary journals
http://blog.123notary.com/?p=20272

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October 26, 2013

How to Notarize a Copy of a Passport

Notarize a copy of a passport

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

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

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

You might also like:

Notarize copies of passports (Forum)
http://www.123notary.com/forum/topic.asp?TOPIC_ID=1904

Can a resident alien card be used for a notarization?
http://blog.123notary.com/?p=8282

A California Notary Acknowledgment goes to Taiwan
http://blog.123notary.com/?p=6981

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October 23, 2013

What makes a mobile notary a mobile notary?

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

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

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

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

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

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

You might also like:

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

Compilation of Notary stories
http://blog.123notary.com/?p=21898

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

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October 21, 2013

Can you notarize someone’s initials?

Can you notarize someone’s initials?

It is fun to read all of the various notary questions that people have. But, a notary may only legally notarize a signature of a living person who appears before the notary public.

However, it is common for signers to be required (not required by the notary, but required by the document custodian or lender or other entity) to initial all of the pages of a Deed of Trust, Power of Attorney or perhaps a Note. There are other documents that are often initialed as well. It is never a legal requirement to initial a document, but it might be a business requirement for certain financial or business entities just to make sure that pages are not swapped after the notarization.

Initialing pages of a longer document is more of a “best practice” to deter fraud. It is harder to swap a page if there is an initial on it. However, Title companies are known to forge the initials of a signer just to save time — if the signer forgot to. Imagine that documents went to a borrower’s house, and the borrower signed the documents, and had them Fedexed back to the lender. If the borrower forgot an initial, it is a huge pain to bring those documents back. It is easier to commit forgery of an initial even though that is a serious crime!

Getting back to the main point of this article, no, a notary cannot notarize someone’s initials.

You might also like:

The 30 point course’s guide to initialing
http://blog.123notary.com/?p=14463

Why do I have to sign with my middle initial?
http://blog.123notary.com/?p=4452

Tutorial on initialing
http://blog.123notary.com/?p=14463

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