(2) Technical and Legal Archives - Page 26 of 29 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
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January 19, 2011

Phone interaction tutorial

Some notaries wonder why they are not getting any good Title companies to work with them. When we call some of these notaries up, we see within seconds why they are not popular. First, the way some people answer the phone is horrendous.

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Bad phone answering skills

“Hullo?”.

Do we have to guess who we are talking to? Or should we introduce your next assignment to your son because you forgot to announce yourself over the phone and we can’t tell you apart from your son?

Do your children answer your phone? Big no-no. How about your spouse? If you are a husband and wife team, that is understandable, but you still need separate cell numbers and you still need to let us know who you are when we call you. Otherwise we have to ask.

Title: Hi this is Marg from XYZ Title, may I speak to Susan please
Susan: (abruptly) WHO is this?
Title: I think I introduced myself very clearly — this is Marj from XYZ Title, may I speak to Susan please
Susan: Okay
Title: Okay, are you Susan?
Susan: Yes it is

Title: You made me work very hard just to try to decipher who you were. Are you going to be this difficult working with? I had to repeat who I was twice while you evaded announcing who you were. I am not the only person who needs to give information around here, especially if I am paying. I will call someone else. Thanks.

It is very rude to make someone repeat who they are before you reveal your secret information about who YOU are. If you are rude to Title companies, they have plenty of other inexperienced and unprofessional notaries to choose from.

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Background noise

Is there background noise when you answer the phone? Are there screaming children or other noise. You should apologize about the noise as soon as you can and move out of the noisy area. Otherwise, nobody will have patience for you.

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Someone else answering the phone?

If you are in business for yourself, it is extremely unprofessional to have someone else answering the phone for you. However, if they introduce themselves professionally and can carry on a professional sounding conversation, it might be tolerated. The worst thing you can do is to have a busy-body answer your phone for you who pushes their unwanted helpfulness on a caller.

Title: Hi, this is Marg from XYZ Title, may I speak to Susan please
Fred: Susan is not here, but I can help you.
Title: Thanks for your offer Fred, but I would like to Speak to Susan please, and I clearly requested that I wanted to speak to Susan
Fred: Can I help you with something? I can do everything that Susan can do
Title: You are being a bit pushy Fred. I am calling for Susan. I do NOT wish to conduct my business with someone other than Susan.

Please notice how Fred is offering unwanted help and trying to push it down Susan’s unwilling throat. This happens a lot when I call people. They don’t take no for an answer and get in trouble with me as a result for rudeness.Notice how Fred didn’t once offer to take a message for Susan. He was pushy and very unhelpful in the ways that Marg might have wanted to be helped. What a headache.

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Asking people to repeat

Do you have other people keep repeating everything they said. Are you paying attention? Or can you just not think clearly, so to avoid having to respond to something you don’t know how to respond to, you ask people to repeat. If you are in a noisy place, or have a glitch in your cell coverage, you might apologize for the sudden static in your cell phone. Tell them that you heard the “I need you there at…. blank o’clock” part. That way they know you are listening and heard everything but the one critical word. That is acceptable. But, if you loudly say, “WHAT?” after everything the other person says, they are not going to hire you. Roughly 15% of our notaries are people who ask us to repeat ourselves multiple times during a conversation. It is very unpleasant and nobody is going to want to pay money to someone who is such a poor communicator.

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Unprofessional remarks and behavior

(1) Oh yeah, you’re calling about that notary thing. (are we in Junior High still?)

(2) I just got my notary. (you mean your notary commission?)

(3) I just got off the phone with the customer, (you mean the borrower)

(4) Annoying or harsh music on your answering machine is considered unprofessional too

(5) Not having your name stated on your answering machine is unprofessional as well.

(6) Not knowing your basic loan signing terms and procedures is unprofessional and dangerous

(7) Answering the phone only to tell someone that you are in a signing. If you are in a signing and can’t talk, then why are you answering the phone?

(8) Answering the phone to tell someone that now is not a good time to talk. Why not let them leave a message if now is such a bad time.

(9) Answering the phone and telling them that you already sent the documents back when you don’t even know who is calling. Do you ASSUME that you are talking to the signing company from that job that you are at right now when it is someone completely different? Dumb!

(10) I’m certified. (you failed to mention which entity certified you)

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Notes section

Most notaries do not include any unique information in their notes section. Instead they start off by talking about the least consequential information you can think of such as E&O insurance, background screening, and the fact that they are certified. Everyone on 123notary is certified by someone. It won’t get you ahead unless you have the 123notary certification icon. Indicating that you are NNA certified on our site will win you 0% more clicks since 90% of everyone else on 123notary is also NNA certified. You might as well say, “Hire me because I have two arms and two legs.”

Write about what makes you unique. Talk about your experience. Number of loans signed. Number of years as a Mortgage Broker. Specific types of loans signed. Do you offer last minute service? How many miles is your radius? Information that is unique to you.

The other notaries all claim to be dependable, reliable and professional, yet only 10% of them actually meet our standards for these adjectives so they sound phony. Do you sound phony? Talk about something that sounds REAL and UNIQUE. If you were a school teacher for 25 years, then you can claim to be good at nitpicking other people’s work and noticing all of their mistakes and everyone reading your notes will believe you.

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Tone

Some people just start out sounding unpleasant. Their words might be good ones, but their tone just doesn’t sound appealing at all. Talk to me on a bad day and I have tone too. But, some people always have tone. Try to sound pleasant when talking to clients or prospective clients.

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Arguing

Do you argue with clients? They want it their way. Don’t say, “Well I usually xyz”. Nobody wants to hear this. You should be asking them how they want it done? Would you like tomatoes on that? Now you are talking! Don’t accuse your clients of being overly demanding. Do they pay you? Then work for them and do what they want for the right price.

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Vagueness & Rambling

Do you answer questions with vague answers?

Q. How far do you go?

A. Well, I usually cover Carbon county, but I might go to Hutchinson county if it is not too far in because my niece lives there and ….

Q. Lady, can you just tell me your radius in miles please without your life story?

A. Oh, well, it depends.

Q. Thanks for the help, I’ll call someone else

People in the signing industry are tired of this type of run around. Just answer the question the way it was phrased.

Q. Can you get the documents sent back to me tonight?

A. Well, it depends on where the signing is, because it is East of me, there is no drop box, but then if it is South, I could come around on highway 19, and then I could…

Q. Just tell me if you can get the documents back to me tonight… the signing is in Waxahatchie

A. Oh, well in that case, that is Southwest, so let me spend five minutes calculating while I keep you tied up on the phone… hmmm.

Q. Never mind, I’ll call someone else who can drop it in the drop box tonight.

Boy, what a hassle. This is not brain surgery here. Just say, “Yes, I’ll get it in the drop box tonight — guaranteed!”. And then do it.

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Basically, we put up with a lot of unprofessional behavior. The smart notaries tend to be argumentative while the newer notaries often can’t function at all. Communicating is very hard for many, as they can not make a simple request without telling you their life story. Nobody has patience for this. People at signing companies deal with 100 notaries per day, and need their questions answered fast, and there is no time for nonsense. If you can’t communicate and do your job correctly, you will be sitting on the bench your entire career. It is not that difficult to be a notary. Just know your terminology and procedures, and learn to communicate effectively.

NINJA COURSE
In our Ninja Notary Marketing Course we will be teaching more on refined interaction skills, notes sections, marketing, analysis, higher level notary & signing skills, interviews with our best notaries, plus much more! Email us about our NINJA Course today!

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January 18, 2011

Notarizing For a Minor — Identification!

It is not that common to notarize the signature of a minor, but at some point you might be asked to. A minor who needs to be notarized must be positively identified just like everyone else even thought their signature is not legally binding. But, if you need a notary for a minor — what type of identification can they get? The DMV can issue them a state ID card if they are not licensed to drive yet. If they are old enough to drive, you could get a drivers license. Another possibility is to go to the Post Office and apply for a passport which is another acceptable type of identification for being notarized. One benefit of passports is that they are valid for ten years while state issued ID’s are generally only good for four or five years!

So, if you are asked to notarize a minor, you can give the parents a tutorial about acceptable types of identification for their benefit! And remember — when notarizing a minor, please document in your journal that the signer is under 18 — and you might also document their exact age as well! Be professional when you do an “underage notarization”! Do it right!

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Notarizing an I-9 employment verificati​on document

Have you ever notarized an I-9 before? If it were me, I would ask an Attorney, the Secretary of State, or Immigration if a notary public could notarize this form. If you are a notary, the most important thing to do is to clarify that you are NOT an Attorney, and can not give legal advice. Also clarify that you are not an immigration expert and can not advise on matters pertaining to immigration either.

But, it is not generally illegal to notarize a signature on a document.

Have any of you had to notarize an I-9 before?
How about a K-9?

Tweets:
(1) Ask an Attorney if a Notary can notarize an I-9 employment verification document.

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January 17, 2011

What is a credible witness notary or notarization?

What is a credible witness notary or credible witness notarization? 

There is no such thing as a credible witness notary.  Credible Witnesses are individuals who are willing to swear to the identity of another individual who is signing a document in the presence of a notary public.  The notary who is notarizing a signature may not act as a credible identifying witness.  However, some states allow a notary to identify a signer based on personal knowledge which is similar in nature (but not terminology) to being a Credible Witness.
 
There is also no such thing as a credible witness notarization.  However, you could refer to a notarization as one that uses credible witnesses.  Credible identifying witnesses should not be used unless a proper identification document is not available.  Please also keep in mind that many credible witnesses these days do not know the full name of whomever’s identity they are swearing to.  For the sake of integrity, you might want to ask the proposed credible witness, “What is this man’s full name?”. If they say, “Joe?”, and then shrug their shoulders, then perhaps they don’t know Joe as well as they should to be a credible identifying witness.

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Where do credible witnesses sign the notary journal book?
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Subscribing witnesses and Signature by X
http://blog.123notary.com/?p=2278

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A Massachusetts Notary Speaks Out. A coerced signature.

Filed under: Technical & Legal — Tags: — admin @ 12:02 am

A few days ago I spoke to a Massachusetts Notary Public on our list. She told me that there are some strange laws out there that almost got her in trouble. She had to appear before a judge due to a Notarization gone wrong. The wife was forced to sign by the husband and she didn’t really want to. I think they were from a foreign country where men boss people around because American men know what will happen to them if they boss people around.

Unbeknownst to me, there is an unusual law in Massachusetts where for some or all Notarial acts, the Notary must ask the signer (or ask the signer to swear — forgot which) if they are signing on their own free will.

I have never heard of a signer being coerced to sign in America. In India it happens a lot when people want to steal your property.

The judge made the Notary promise to always make the signer claim that they are signing under their own free will otherwise their commission would be revoked. Yikes. But, that is not a bad law.

I wonder why we don’t have that law in California. We have all types of other nonsensical laws. Hmmm.

Acknowledged signature
Witnessed signature
Forged signature
UnCoerced signature

So, now we have a new notary act — an uncoerced signature. That should be its own act not to be confused with an acknowledged signature.

The moral of the story is, if you notarize strange foreigners where the men think that men can still act like men and get away with it, beware, they might be forcing the females to sign.

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January 16, 2011

The Right to Decline Notarization

The Right to Decline Notarization
Notary must officiate on request.

The Penal Law (§195.00) provides that an officer before whom an oath or affidavit may be taken is bound to administer the same when requested, and a refusal to do so is a misdemeanor. (People v. Brooks, 1 Den. 457.)

The above is from the handbook of law provided to New York State notaries. Not much “wiggle room” there. I am writing this wondering if I just committed a crime! Of course we decline to notarize when something is “not right”, as we should. However, the issue before me is a request to officiate at the opening of a safe deposit box.

I have never participated in a safe deposit box opening. From what I understand, the notary is present and verifies the contents. It’s often a time consuming procedure. Generally it is a low paying function. I have heard that sometimes the notary is notarizing the statement as to the contents made by a bank officer. Other banks require the notary to make the statement as to the content and, as a notary, stamp and sign. That second procedure is a self notarization and illegal in New York State, and probably most other jurisdictions.

For the sake of discussion; let’s assume the procedure requested is the former, notarization of the statement by the bank officer. That’s certainly legal. The real issue is can mobile notaries legally refuse assignments? It is my understanding that a notary in a place of public accommodation (eg: at a bank) cannot refuse often saying “you must be a client of the bank”, any legal request. However, the mobile notary does not have a walk in location open to the public. Thus, IMHO the “before whom” does not exist; certainly that propinquity is not achieved “over the phone”.

One approach to avoiding unwanted situations is to price them very high. Sure, I’m available for your safe deposit box opening and my fee, with travel, is $500. But, that is a sham; and is sure to put you on the bank’s “do not call” list; possibly precluding an attractive assignment. I did not “high bid” my recent caller. I simply stated that I choose to not accept such assignments. And, that is the heart of the issue. Was declining a proper thing to do?

I have had people, despite my advertising to being a “Mobile Notary”; ring my bell and wish to enter my residence to have their document notarized. All of these have been declined. One or two were irate, and indicated that they would file formal charges against me. If they did, my licensing authorities probably dismissed their protest. I doubt there is any requirement to allow persons into my home, with the exception of Police, Fire, Building Inspectors, etc.

Unfortunately, the real issue remains, in my mind, a bit murky. Can I refuse a valid mobile notary request? If my schedule conflicts, I consider that a valid reason. But, if I am “available” do I have the right to “pick and choose” what mobile notary assignments I accept? We certainly do that all the time with Edocs from lowball disreputable callers. Many notaries do not like to notarize Power of Attorney documents. Many clients tell me their bank refused because Power of Attorney notarizations are “against bank policy”; presumably to avoid potential litigation.

Do we as individual mobile notaries have the right to refuse service to individuals for whatever reasoning we employ? The law cited above appears to require servicing all legal requests. My “not before us” is probably on weak legal grounds; I am not an attorney. How do you respond to requests that you do not wish to accept; especially those from individuals with proper ID, etc.

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January 14, 2011

Certified Copy of an Apostille?

Filed under: Ken Edelstein,Technical & Legal — Tags: , — admin @ 10:00 am

Certified Copy of an Apostille?
Sometimes I am in awe of the machinations suggested to reduce notary fees. I have just been asked to process a college degree with an Apostille. Routine. However, the client also has asked me to additionally prepare a “certified copy” of the Apostille bearing document! Of course this is totally illegal; and it’s worthwhile to explore the issues involved.

“Student Copies” of educational related documents (degrees, transcripts, etc.) are illegal to notarize in New York State. Photocopies do not include the anti-tamper protections commonly incorporated into the original documents. “Photoshop Magicians” have been known to change the grades; raising their grade point average from a dismal 2.5 to a laudable 3.7. All done with just a few clicks of the mouse. Worse, there have been cases where only the name is changed on the degree – instant college education!

To put an end to this fraud, New York State has added educational related documents to the list of “copy may not be notarized” documents. Already on that list are Birth, Death, Marriage, Divorce and some other officially issued documents. With educational related documents, it is the Principal or Registrar who is the only authority to sign and be notarized. Their signature is on an original, even if it duplicates a prior issuance. Degrees are generally issued for Apostille processing as a letter, signed and notarized – attached to the actual degree. Both should contain the raised seal of the issuing institution.

Now to follow the processing trail. I notarize the signature of the Registrar on the letter with attached degree. My signature is authenticated by the State of New York and the signature of the County Clerk is added; attesting to my “good” standing as a New York State Notary. Then the document goes to the Department of State to receive an Apostille, after the signature of the New York County Clerk is verified. Finally the Apostille is added; with a tamper proof, non-removable grommet, such that pages cannot be added or removed.

The package now contains many signatures: The Registrar, the Notary, the County Clerk and the Secretary of State of the State of New York. Each one has added, in addition to their signature either a raised seal, or some other tamper resistant protection. It is for that reason that the package is acceptable for use in other countries.

Now comes a request for me, the humble notary to “certify” a copy of the entire package! It’s not even easy to make a copy because of the grommet holding the pages together. The only way to make a copy is to fold the prior pages “out of the way” leaving the grommet at the top left intact.

The photocopy would be a mess, and look it. But, it is technically possible; with parts of the underlying documents “cut off” because the non-removable grommet blocks the photocopying. OK, now http://kenneth-a-edelstein.com has a “somewhat” complete copy. How can I “certify” the copy? First, it’s illegal in New York State for a notary to certify ANY copy, only the owner of the document can make a statement that the copy is complete and unaltered; assuming it’s not on the “no photocopy” list. It’s common to notarize a photocopy of an electric bill to be part of proof of residency. But, it’s a long step from electric bill (with affiant present) to educational degree with Apostille attached and no affiant. The only legal way would be to do the complete job twice.

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How do I get an Apostille or Authentication?
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January 13, 2011

E&O insurance: where do I get it & how much do I get?

Everybody is getting E&O insurance these days. Ironically, the only notaries who I have heard about having claims on their policies are the ones who went overboard and got a million dollars of coverage just for show which turned them into a target. But, on a brighter note, you need E&O in order to get hired. Yes, it is more of a fashion show than something you actually need, but the fact that signing companies don’t take you seriously if you don’t have it makes it a necessity. The question is — how much & who do you get it from?

Lots of vendors sell E&O insurance.
Notary Rotary sells it. NNA offers one stop shopping for notaries including E&O. One notary claims that Merchant Bonding offers the best rate on E&O. One notary said that Traveler’s charged him only $170 for 100K for four years which is excellent as others charged $265 for the same coverage. It seems that companies that cater exclusively to notaries do not always have the best rates on insurance, although the convenience of one stop shopping makes it worth while to pay a little more.

How much should you get?
The quantity of your E&O depends on who you are trying to impress. If you just do signings for signing companies, perhaps 25K is enough. If you are full-time and want to appear professional, it is better to have 100K rather than claiming in your notes section to be professional. Don’t say it — show it! If you want to work on the white glove list for major Title companies, then 500K or a million might be in order. I don’t know what that costs, but if you are getting paid big bucks regularly, then whatever they charge is probably worth it.

If you want to comment on this blog entry: let us know where you buy your E&O and what it costs!

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January 10, 2011

Acknowledgment or AcknowledgEment?

Are you in the Notary profession or getting a notarization done? You might want to get some information straight. There are various types of Notary terms out there that you should probably be familiar with. Common terms include: Notary Seal, Venue, Scilicit, Locus Sigilli, Acknowledgment, Jurat, Affidavit, Affiant, Affirmation, Oath, Protest, etc.

The spelling of Notary terms i.e. Acknowledgments
In the Notary Profession, there are various types of Notary acts done. Roughly 80% of Notary acts done are Acknowledgments. But, the Notarial spelling of AcknowledgEment should NOT have an “e” after the “g” — e.g. — Acknowledgment.

Legal issues with “Notary Acknowledgement”
Although I have never heard of any legal consequences for spelling Notarial words incorrectly, it is just good form and a sign of a good upbringing to spell terms correctly. If you can master spelling Notary Acknowledgment correctly, then you can try to master funny looking Latin terms for the Notary industry like Locus Sigilli which means the location of the stamp.

Where can I learn more?
123notary publishes all types of blogs about Notary issues, notary terminology, marketing, and other technical issues. We also publish comedy blogs especially for Notaries which sometimes strike a chord. We have keyword fees for various notary terms, not to mention categories on the right of our blog where you can browse all types of technical and non-technical notary issues.

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See our string on the term: Acknowledgment
http://blog.123notary.com/?tag=acknowledgment

Jurat

Humorous Posts

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Notary Technician or Flub A Dub?

Filed under: Ken Edelstein,Technical & Legal — Tags: , , — admin @ 4:21 am

As a notary professional you are expected to “know your stuff”. But, exactly what knowledge does knowing your stuff comprise? The obvious first component is your states’ notary laws. Yes, they vary from state to state, sometimes county to county. Commonwealth and Parish; the same. You must know your local laws; REALLY know them. Start with the “become a notary” study guide if your area offers such a document, then read the actual statutes. Confused by the “legal mumbo jumbo” – then ask the ones who issued your license for clarification. They want you to follow those regulations, and will answer questions. The laws change. You need to review them at the very least twice a year; all of them – to find the changes. In New York State it’s prohibited to notarize a civil deposition on a Sunday. Break this rule and when the document is thrown out; then someone will want compensation. My E&O will offer sympathy but not coverage.

“Sworn to and Subscribed….”, note the first two words. Do you just ask “something” such as “is what you signed true?”, or do you use verbiage mandated by your jurisdiction. I know, the “raise your right hand” is done only by a small fraction. But the oath!

Do you always carry a tiny pocket notary stamp? They are available about the size of a pack of gum. In addition to fitting into a really tight spot; you will be able to notarize most documents (even though embossing is best) without your full “notary kit”. Mine snaps open with a press of the thumb and is very light. They do require practice to affix a clear and proper image.

Most of us know enough to decline to include a few additional ACKs not related to any specific signature. But the ACK on the page following the signature (unless “locked down” by page number, loan number, etc.) – is exactly that. Do you know how to associate your notarization with a specific signature when necessary? Half an (additional) notary stamp on each page is one technique that works for me.

Certification of Copy requests are common. But, in some states it must be your clients’ statement as to the accuracy of the copy; that’s the rule in NY. It is also prohibited in NY to notarize (no matter who makes the statement) copies of Birth, Death and Marriage certificates. The state sells these in a tamper resistant format and forbids notaries from notarizing photocopies. Do you know the “no no” list as to photocopies in your area? Educational documents are also difficult.

Do you know how to obtain an Apostille? Every Secretary of State, under the authority of the US Secretary of State issues them. It’s often hard to find the procedure on the internet. It’s an easy revenue stream as many are frustrated when they try to do it themselves. Some nations, the UAE for example, require an “Apostille” issued at the Federal level. Do you know how to obtain it quickly? Do you know why the word Apostille is in quotes when discussing the Federal level?

As a http://newyorkmobilenotarypublic.com mine is a particularly demanding market. The work varies from simple signings to complex foreign documents that must be processed in a manner to meet the local laws, and be acceptable at their foreign destination. Your ability to process the unusual and complex leaves a lasting impression. Those who only know how to stamp and sign will be relegated to the lowest profit simple assignments. Learn more leads to earn more.

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And drop off the package
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