Notary Journal Thumbprints
How adamant are you about taking journal thumbprints? As a California notary public, you are required to take notary journal thumbprints for deeds effecting real property and power of attorney documents. Notary thumbprint taking is a serious business and can keep you out of court.
Taking precautions as a notary
I have written other blog posts about precautions that notaries can take. Notaries can use an inkless embosser in addition to an inked seal. They can emboss every page of every document they ever notarize as a precaution against page switching which is a common crime that takes place after multi-page documents have been notarized. Taking a precaution of taking journal thumbprints is smart also, and can keep you out of court.
Suspicion of identity fraud
Let’s say that you notarized a signature on a document and that someone involved in the transaction suspects identity fraud. The first thing they will do is to track down the notary who notarized the signature on the document and start asking questions about the signer. You will not remember the signer well, unless you took notes in your journal about what they looked like, how they acted, how old they were, etc. But, if you have a thumbprint, that is absolute proof of the signer’s identity. No two thumbprints are identical, and you can’t fake a thumbprint (forge a thumbprint) in front of a notary.
The investigation ended once I produced a thumbprint
If someone questions you about a particular notarization, and you say you have a journal thumbprint, the investigation might just end right there. It happened to me as a California notary public during my first four year term. I saved myself from a potentially long visit to court. I got a phone call from someone investigating fraud. Someone had cheated some elderly people whom I had notarized. One of the documents used to allegedly cheat them had been notarized by myself in my capacity as a California notary public. Since I had a journal thumbprint, the identity of the signers was no longer in question. The person said they had no further questions the minute I told them I had a thumbprint. They didn’t even want a copy of the journal entry with the thumbprint.
Weak thumbprints with the elderly
The flaw of thumbprints are that elderly people often lose the tread on their fingers. I am talking about really old people, perhaps in their eighties or nineties. There is nothing you can do in that case, but at least you have a print, no matter how featureless it is. Personally, with signers over eighty, I recommend a retinal scan, which is not possible for a notary to take in 2011, but maybe in 2015… we can always hope.
Regardless of your state of commission
Whether you are a Florida notary public, a California notary, or notary in another state, if you are notarizing signatures on a power of attorney or real estate deeds, get a journal thumbprint whether it is required by law or not. That thumbprint could save your neck. It is not a bad idea to require signers to give thumbprints for all documents and even oaths or affirmations. It keeps them honest. The minute they start making excuses why they shouldn’t have to be thumbprinted, that is suspicious behavior, and you might want to refuse service to them.
Bring wipes!
Don’t forget to bring wet naps or wipes of some sort. It is polite to have something for the signer to wipe their hands off with. Even with the NNA’s inkless thumbprinter which is a product I always had several backups in stock of, you should offer a wipe. I strongly recommend having at least one inkless thumbprinter in your notary carry all bag!
Please visit our notary search page to see our notary public California page and notary public Florida page!
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You might also like:
Thumbprinting in Texas
http://blog.123notary.com/?p=19672
Multiple title companies told Notaries NOT to thumbprint?
http://blog.123notary.com/?p=19461
Notary Public 101’s guide to Notary Journals
http://blog.123notary.com/?p=19511
Thumbprint taking step by step
http://blog.123notary.com/?p=1689
Things that get notaries complaints
Things that get notaries complaints
Complaints are taken seriously at 123notary.com. None of the notaries on board have voiced an opinion supporting our review system which allows browsers to post legitimate complaints about notaries. Many notaries on board feel that they have a license to cause trouble, and that I have no right to ask questions or do anything about it since they pay us for advertising. Many notaries want the right to harm others without being held accountable. My point of view is that if you cause misconduct while on our site, ITS MY BUSINESS, and you will be held accountable.
I want to take a positive approach to this problem and let the notaries know what the common things that go wrong are, so that you can avoid getting a complaint in the first place. I’m going to list types of complaints in order of how frequently they come up.
(1) Rudeness
Of all the complaints we have gotten, the largest category was rudeness which includes using bad words, hostility, hanging up on people, rude tones of voice, antagonism, harrassment, and threats. If a signing company doesn’t treat you the way you like, DON’T WORK FOR THEM. Don’t threaten to use their fedex account. Don’t threaten to put a lien on the borrowers house if you don’t get paid. Don’t withold a borrower’s documents until you get paid. Have a policy for what you accept from others. If others violate your terms, then stop dealing with them. Period!
(2) No Show no call
It amazes me that notaries think they can completely blow off a signing without even calling. Then, the excuses notaries give remind me of being a substitute teacher in eighth grade. The excuses are clevely worded so that you will feel guilty for asking them any more questions. Heartbreaking stories, grueling conditions, family crisises, and earthshaking emergencies. Many of these excuses are true, but there is no way to verify, because not once have I ever been offered a scan of a document that proves someone’s argument one way or the other. If you are offered a signing and you can’t make it, call at least two hours in advance. If you are having a family emergency, in a snow storm, in WW3, in a flood, or are almost dead, you better call otherwise you will get a complaint, and I am not too interested in the excuses.
(3) Notary Mistakes
Many notaries make mistakes. The good notaries triple check their work and are willing to go back if they made even one small mistake. But, not all notaries are good notaries. Many will be unwilling to go back to an appointment a second time to fix what they did wrong. If you make a mistake, fix it whether you get paid to or not, otherwise you will lose clients and get complaints.
(4) Failure to return calls or emails after a signing
This is another type of problem that people have every conceivable type of excuse for. Personally, when I’m on vacation, I answer emails. I had a vacation where I slept in my car, slept in a tent, and couldn’t find an internet cafe for half a day. I kept looking until I found it and answered as many emails as I could. Signing agents will go on vacation, or say they did, and use that as an excuse not to return phone calls or emails. I won’t accept this as an excuse. You have to be available up to 48 hours after a job is done in case there is a problem, and the problem could very well be the fault of the title company, but you still have to be available. No excuses.
(5) Slandering or sabotaging companies you work for
One notary said that the terms of the loan were not good. Another tried to sell the borrower a modification right at the signing. A third threatened to use the lender’s Fedex account # because she said she didn’t get paid enough. Another one sent porno spam to us and others.
(6) Other types of misconduct.
Some notaries just cause a lot of various types of trouble. Others are unwilling to fix mistakes they made. Once in a while a signer will outsource jobs to another signer and then not pay them. Last minute cancellations are completely unacceptable unless there is a documented health emergency or other type of uncontrollable circumstances. One notary has a habit of double booking appointments and then trying to reschedule them at the last minute. Two notaries walked out of an appointment. One had a family emergency and flaked. He forgot to even tell the borrowers who were in the other room that he was going to the hospital.
The moral of the story is to avoid all of these problems by being very careful to go to all your appointments, be polite even if others are not polite to you, and do a good follow up after the job is done. I’m personally tired of all the complaints, excuses, the dramas, and irresponsibility. We want good notaries on 123notary, and for the most part, the notaries on board are excellent. We do not want a few bad apples to cause a bad reputation for the others.
Tweets:
(1) Many notaries feel that since they pay us for advertising, we’ve no right to post bad reviews on their profile.
(2) Many notaries are rude to signing companies who manipulate them. Don’t be rude! Just don’t work for them.
(3) Many notaries just don’t answer their phone or email after a signing which can cause a nightmare.
You might also like:
Florida Notaries with complaints
http://blog.123notary.com/?p=1870
A list of things that rude notaries do
http://blog.123notary.com/?p=2198
Bad notary reviews and the law on the internet
http://blog.123notary.com/?p=18866
13 ways to get sued as a notary
http://blog.123notary.com/?p=19614