(2) Technical and Legal Archives - Page 28 of 29 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
123Notary

Notary Blog – Signing Tips, Marketing Tips, General Notary Advice – 123notary.com Control Panel

December 18, 2010

Notary Etiquette from A to Z

Filed under: Comprehensive Guides,Etiquette,Loan Signing 101,Ninja Theme Articles,Popular on Facebook (A little),Popular Overall 2010,Signing Tips — Tags: , , , , , , — admin @ 8:18 am

Notary etiquette from A-Z

Here are some basic rules of notary etiquette to keep you out of trouble and on good terms with your clients.

Don’t park in the driveway?
But, that is what driveways are for. They are for parking in. Wrong! They are for the borrower to park in, but NOT for you to park in without permission. You could be taking someone’s spot, or blocking someone. You might be leaking coolant on their driveway too. If there is a snowstorm and a snow plow will destroy your car, or if there is nowhere else to park, then ask to park in their driveway. Most people will not mind if you park in their driveway, but a few will mind.

Introduce yourself at the door.
Its good to have a pre-canned speech to give at the door. Let the borrowers know your full name, and that you will be assisting and supervising (facilitating) the signing of their loan. Let them know that your job is to introduce the documents and figures in their loan, but not to actually explain any of the concepts particular to their loan. Let the borrowers know that the lender is the only one qualified to answer specific questions about their loan.

Confirm the signing
Its polite for the notary to call the borrowers and confirm when they will be coming, and especially who is to show up at the signing. If Aunt Matilda is on the loan documents, she needs to cancel that visit to the hair salon and be at the signing.

Don’t make unpleasant remarks
Don’t make negative remarks about anyone regardless of whether they are associated with the loan or not.

Don’t discuss politics
Stick to talking about neutral topics like traffic and weather. Politics can run people the wrong way. Freedom of speech does not apply to notaries on the job. You have more freedom of speech in Moscow than on a signing. Talking about the wrong subject matter can get you off of a signing companies list, and then you lose work.

Speak clearly
A notary who mumbles, or speaks incoherently will not be a favorite with anyone. People need you to enunciate on the phone and in person.

Don’t rush the borrowers
Unless you agree on the length of your signing ahead of time, its rude to rush the borrowers. If you are having a night with ten signings and you will be late to all of the rest of the signings, then you are in a pinch. If you legitimately have to leave at a certain time, you can mention that you have to leave at 8pm, and that they are welcome to read their borrower’s copies for the next 72 hours and cancel the loan if they are not happy with any of the terms or figures.

.

You might also like:

Compilation of posts about Notary etiquette
http://blog.123notary.com/?p=20505

Notary Marketing 102: Phone & communication etiquette
http://blog.123notary.com/?p=19764

What are Jeremy’s favorite blog entries?
http://blog.123notary.com/?p=18837

Share
>

December 10, 2010

Meeting Clients at a Jail

Filed under: Hospital & Jail Signings — Tags: , , , , — admin @ 2:55 am

Meeting at jail

I have done many jail notaries, and one of the biggest challenges is meeting the client. The inmate is never the client. They are locked up and don’t have phone access. The signer’s girlfriend, attorney, or mother is generally the client. The problem is that when doing a prison notary job, you deal with the criminal class, they are not always so reliable. Meeting someone at a jail is not so easy. Some clients just don’t show up which is why you should not get in your car to go to the jail until you have received a confirmation call.

If the client doesn’t have a cell phone, I would strongly consider not going to the job, since you won’t be able to reach them if you need to. Of the clients that do show up, finding them is not so easy. One client wanted to meet me at the door to the jail. He always goes in the back, and I always go in the front. I waited for an hour at the front door and he waited near the back door to the waiting room. If you are going to meet at a door, you better specify the door. There is the door to the jail near the street, the door to the waiting room, side doors, and many other doors. Its even possible to be at the wrong jail. There are three jails in Los Angeles within two minutes walking of each other. Maybe its better to meet at Denny’s.

I met many individuals at the parking lot where the Ethiopian attendant was. It was easy. It was on a particular intersection, and nobody else was there — except the Ethiopian guys who work there and all were on a first name basis with me. Another solution was to meet at the cash register at Dennies. There is only one register, so that makes it easy.

The main thing to remember
You need to remember that  it’s not where you meet, its how you identify exactly where you are meeting. This is especially true if you go to a new location that you are not familiar with. Jails are complicated. There is one place to park, and you have to find the correct entrance, and then know which hallway to go down.

The next problem is waiting.
You might be at the jail all day. You could have a lock down, an inmate who was moved to a different cell, moved to a different jail, or who was not identified correctly. The guards might just be slow that day. Anything is possible. If you don’t agree ahead of time how much you charge for excess waiting, you might wait all day without pay.

Identification is another problem.
The inmate’s bracelet is not an acceptable notary ID. Make sure the client who meets you has a current ID that is acceptable in your state, or else it might be a very short notarization. I have used credible witnesses many times in jails too, but in California we need two of them, so make sure you have the right amount of witnesses.

Travel fee up front?
Since there are so many difficulties with jails and jail signings, you might get the travel portion of your fee up front. Then, if there is a problem getting to the signer, or identifying them, you get paid for your trouble instead of having a total loss. You should charge a generous amount for jail signings, because you will get stiffed 10-25% of the time, so be prepared for the realities of life.

Share
>

November 30, 2010

CW’s When ID and Docs Have Different Names

Filed under: Credible Witnesses — Tags: , , — admin @ 8:56 am

Credible Witness Discussions on the Forum

Here are some excerpts for discussions about credible witnesses on our forum. Please remember that many states require the signature of a credible witness in your journal and that roughly 90% of states allow credible witnesses to identify a signer. Its a great idea to also record the identification information on credible witnesses as well as getting a phone number recorded just in case. Don’t forget to administer your oath to the credible witnesses asking them to swear that the person in front of them is Jimmy Doe! These commentaries are taken from a forum post. Please feel free to scroll to the bottom and click on the link to see the original post.

Use of CW’s when ID and Document have different names

Larry Said:
It has been suggested that credible witnesses would be an appropriate method to establish the idenity of a signer when the docs had the name printed as James Doe, and they had to be signed that way, and the drivers license the borrower presented had the name Jimmy Doe. My take on this is that credible witnesses could NOT be used but that reasonable reliance on the drivers license photo, description and signature match would allow me to notarize the signature as James Doe. Am I wrong here? I’m in California.

Deborah Bond Said:
 I have had this exact situation previously. I was lucky. Docs as James, ID as JIMMY. I asked for additional id and was handed Passport, Social and birth certificate and was shocked to find Passport said Jimmy, Social James and Birth James…Hence I had plenty of info stating Jimmy was James.

I did not get copies of all this but called my contact LO and advised of name issue and that LEGALLY his name was JAMES but 1/2 ID said Jimmy and they wanted copy of the DL…which had the wrong name. Per the LO his ID Affidavit showed both names when we were done and on the copy of the drivers lic we had him state that is is known as Jimmy and had him sign as James…

Now if he had not the additional id’s I would have had to adjourn because in Massachusetts CW are not a viable option. CW needs to be known to both the NOTARY (highly unlikely) and the person being id’d. The chance of that is slim. I liken it to asking my neighbor Bob (who I know) to ID another neighbor Chris who I know but has no ID. Chance is unlikely that would EVER happen.

Joe Ewing Said:
You are correct Larry but Jimmy goes on the Acknowledgment. The AKA statement that the signer signs under oath would have him signing as Jimmy and James. Credible witnesses when told that they must swear under penalty of purgery (a felony) punishable by 2-4 years in prison that their neighbor goes by a nickname will generally refuse to cooperate and rightly so.

I have used credible identifying witnesses on many occasions. When the signer has an expired ID or no ID at all a credible witness is necessary to establish the current identity of the signer without satisfactory ID.

* Missuse of credible witnesses by Notary Signing Agents

The credible witness codes were NOT created to determine the correct spelling, the presence of a middle name, whether the signer is a junior or a nick name is the real name. When a signer has a current acceptable ID that shows a slightly different spelling of the signers name that is printed on a set of loan docs, it is not appropriate to call two neighbors into a notarization to swear (a felony) not to someones identity but that the signer is actually a junior or that Joe is actually Joseph. That act by the notary in itself is inapproriate.

You (NOTARY) are looking at a picture, a description and a signature. It is the Notarys duty to make a resonable determination as to the identity of the signer based on that current satisfactory ID presented to him. If the notary is unable to do that then the notary should resign his commission. 

Shannon Said:
Joe, I’m concerned that you seem to be indicating that there is somehow some discretion by the notary on whether to notarize. I prefer to rely on what is more black or white. The ID is going to be what the ID is….I would never feel comfortable with a name that is even partially different. Although I can’t quote exact statute, I seem to recall that credible witnesses are not to be used for “convenience of the signer” for example: If the signer left his ID across town…..       Any thoughts on this?

.

You might also like:

Credible witnesses – the ins and the outs
http://blog.123notary.com/?p=19634

Credible witnesses – the process explained
http://blog.123notary.com/?p=16695

Notary Public 101 – a comprehensive course about Notary work.
http://blog.123notary.com/?p=19493

Identification for being Notarized
http://blog.123notary.com/?p=19507

Share
>

November 29, 2010

Just Say No Article #2

Filed under: Just Say No!,Legal Issues,Technical & Legal — Tags: , , , , — admin @ 12:02 am

Assisting with Immigration issues
If you are not an immigration expert, don’t answer immigration questions and don’t advertise yourself as an immigration expert. However, notaries are allowed to notarize many types of immigration documents. Just don’t give advice.

Assisting with legal advice
If asked for legal advice, if you are not an attorney, please refrain from giving legal advice as it might constitute unauthorized practice of law. Drafting legal documents, i.e. documents to be used in court or submitted to a judge or attorney could constitute legal advice or service (unauthorized practice of law) in many states. Don’t even offer to recommened particular notary procedures for their document, as that also could constitute unauthorized practice of law.

Backdating
Putting a date on a document’s notary certificate section that is previous to the current date is considered backdating and is illegal. Don’t backdate. Many signing companies will ask you to backdate when they are in a pinch and will lose their lock on the borrower’s loan. That is their problem, not yours. If you backdate you could lose your commission if you get caught. It is a misdemeanor in many states to ask a notary to commit fraud, so you can report a company that asks you or coerces you into backdating.

Don’t make notarial recommendations
Customers always ask what type of notarization they should get. You are not allowed to tell them in many states. You can describe the attributes of the various types of notarizations and ask what the document custodian would like too. Just don’t make recommendations.

Letting your boss review your journal
Your boss can not inspect your journal on their own. However, if you are present, then its okay if your boss inspects the journal. The notary should not let the public see journal entries unrelated to their specific business. Its best to make a copy of the journal entry that blocks out other entries to protect the privacy of the others who you notarized. If not all of the notarizations are related to your boss, it would be better if you make a copy of the journal entry in question rather than letting the boss look at the whole journal while you are there.

Blanks?
Don’t notarize a document with blanks in it. The blanks must somehow be filled in or crossed out. Otherwise you must decline from notarizing that document.

Lock up your seal and journal
Not all states require a seal and journal, but these instruments are the exclusive property of the notary and must be kept under lock and key. Don’t let others use them or you can get in big trouble, and so can the person who used them.

Don’t notarize parts of documents
If you are handed page three of a long document, you can not notarize it as a separate entity. Documents must be in their complete form to be notarized. Don’t only notarize the last page of a document — the page that contains the certificate wording either.

Failure to emboss?
Its not required by law to emboss pages, but if you choose to emboss every page of every document you notarized, it becomes difficult to substitute pages of documents without getting caught. Embossers leave a raised seal that can not be photocopied, so you will be detering a lot of funny business using an embosser.

You might also like:

Notaries that fail and what they did wrong!

Everything you need to know about journals

13 ways to get sued as a notary
http://blog.123notary.com/?p=19614

Share
>

November 24, 2010

Signature By X

Filed under: Credible Witnesses,Notary Acts & Certificates,Technical & Legal — Tags: , , , , , , , , — admin @ 9:05 am

Signature by X — Signature by Mark
Many notaries go through their entire career without understanding the necessity and importance of the Signature by X / Signature by Mark procedure  (Notarizing an X). If you have ever done a hospital signing, or signing for elderly, you might be accutely aware of the limitations that a signer has in tasks we take for granted.  Many elderly signers with physical disabilities can not even sign their own name, or more their own arm with any coordination.  This necessitates signature by X procedures.
 
What is Signature by X?
Signature by X is where the signer being notarized signs an X instead of a regular signature.
(1) You need two subscribing witnesses who witness the signature by X.
(2) The signer signs an X in your journal and on the document.
(3) Witness one signs the person’s first name in the document and journal
(4) Witness two signs the persons middle and last names in the document and journal.
(5) Document the ID’s and signatures of the witnesses in the document and journal
(6) Keep in mind that this is a very unusual notary procedure and is tricky.
 
Be careful!
If you have ever done a hospital signing, the signer could be drugged, may not have current ID, or may have overly zealous relatives who move the patient’s arm to get them to sign their name. This is not acceptable. The signer must sign their own name.  Arms of others may be used as braces to limit the motion of the patient’s arm, but you may not actually move the signer’s arm around, otherwise that is like forgery — well intentioned forgery — which is still illegal.
 
Subscribing witnesses?
What is a subscribing witness?  Anyone who witnesses someone signing by X is a subscribing witness.  They sign the document and the journal.  In California, one witness signs the signer’s first name and the other signer signs the signer’s last and milddle name (if there is one ). Its good to create documentation to accompany the document as to what this odd procedure is, since it is uncommon and looks strange.  Its prudent to indicate the subscribing witnesses names on the actual document and that they witnessed the signature by X.
 
Comprehension
When notarizing the elderly, make sure they understand the document. The last thing you want is to end up in court because an elderly person has been defrauded out of their life savings with paperwork notarized by you.  Make sure the signer has read all the documents.  Elderly people get scammed much more than the rest of us simply because they are more vulnerable and less on the ball, especially when they are regularly drugged in a hospital.
 
Related Terms:
http://www.123notary.com/glossary/?subscribing-witness
http://www.123notary.com/glossary/?signature-by-mark

You might also like:

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

How much can a notary charge for swearing in a witness
http://blog.123notary.com/?p=2447

Notary Public 101 – a free notary course
http://blog.123notary.com/?p=19493

Notarizing the elderly – do more digging to be sure it is legit
http://blog.123notary.com/?p=20038

Share
>

November 2, 2010

Jail Notary Jobs from A to Z

Filed under: Comprehensive Guides,Hospital & Jail Signings,Posts With Many Comments — Tags: , , , , — admin @ 8:14 am

Have you ever done a jail notary?

Have you ever visited a Jail? Would you be afraid to go to one?
In reality, a jail is a very place place to visit. There are guards everywhere, and the bad guys are behind bars. Notaries make a pretty penny notarizing at jails, in fact some make so much it should be criminal to charge that much! You can charge a lot higher travel fee going to a jail because its a lot more trouble than a regular signing, and few notaries are willing to go. There is also more to know. Jail signings are usually the result of physical or online yellow page advertising, not directories that cater to loan signings ( such as ours ).

Who hires you to do a jail signing?
If you are called to do a Jail signing, it is never the inmate who calls you, but their girlfriend, family member, or attorney. The inmates don’t want to blow their (1) phone call calling a notary – and I don’t blame them. You need to arrange a time and meeting point near the jail where you are sure to be able to spot each other – at the same place at the same time. Its easy to get lost at a jail.

Idenfication for jail-birds
When you get the call, ask them if they have identification for the signer, and if they do, then have them read it to you – including the expiration date, before you book an appointment. If they don’t have ID, don’t use the jail bracelet wristband, thats not acceptable by notary standards. You might be able to use credible witnesses if you can get two of them who have ID that is current – if credible witnesses are allowed in your state. If you can’t get identification, you might be able to do a Jurat which doesn’t require identification in most states. However, California now requires ID for Jurats as well. Unfortunately, most documents such as a power of attorney or grant deed are normally done with an acknowlegment, not a jurat. But, you can attach a Jurat form and hope for the best. A recorded document might not be accepted for recording if its not done with the proper wording, but you never know.

Where do you meet your client for a jail signing?
You have to arrange to meet a stranger at the jail at a certain time. Jails are large confusing places, so it might be better to meet at a well marked street corner. If you meet in a jail, you might not know which part of the jail to meet. Waiting room? Hall to the waiting room? Front dest? Out side the bront door? IN the parking lot? Its easy for two people to be at opposite ends of the same facility or get lost. Make sure the person meeting you has a cell phone and make sure you confirm with them, otherwise you might be making a trip for nothing. Jail notaries are not for the elite of society and blowing off a notary would not ruffle the conscience of most of your potential clients for this type of job.

Logistics at the jail.
Once you are actually at the jail, you meet the client, and then fill out forms with the guards to be granted permission to enter. Make sure you know what cell the inmate is in and that they haven’t been moved. Be prepared to wait – jails have a very different sense of time from the way a busy notaries sees time. Follow the instructions for where to go, and then find a guard to bring the inmate to you once you are there. You will have to pass your journal and forms through slits with help of the guard.

You might also like:

Find a Notary who can notarize at a Los Angeles County jail
http://blog.123notary.com/?p=21349

A typical botched jail job: fees at the door misunderstood
http://blog.123notary.com/?p=2597

Putting hospitals & jails in your notes section on your profile
http://blog.123notary.com/?p=19266

Share
>

October 27, 2010

Stories of notaries that fail and what they did wrong.

Filed under: Notary Mistakes,Popular on Facebook (very),Popular on Twitter 2010,Popular Overall 2010,Ultra-Popular — Tags: , , — admin @ 4:01 am

Here are some stories about notaries who did no-no’s and what happened.

(1) A CA notary accepted a loan signing from a signing company. The notary waited until 30 minutes after their appt. began to call them & tell them that her car broke down and ASKS THE BORROWERS FOR A RIDE!! The borrowers graciously offer the notary a ride, but it gets better!!

The notary asks if they can stop at Kinkos to print docs. Then, the notary asks the borrowers to pay for the printing fees since the notary was flat broke. The husband borrower got put off and called the loan officer. The LO told the husband to GET OUT OF THERE and leave the notary @Kinkos.

The next day, the notary calls the loan officer and told him that the wife had to work late which is why they didn’t complete the signing, but that they would complete it tonight. The notary thought the signing company wouldn’t find out what happened. This is pure insanity.See More

(2) We get complaints every month about a notary who makes a mistake on a document. Then, the lender tries to contact the notary, but the notary doesn’t respond to emails or phone calls. Then, we get some lame excuse from the notary about how they were on VACATION or had some family emergency. If you are a notary, take responsibility for your work. Unless you are dead, you can still respond to an email. Wi-fi makes this possible.

(3) From time to time we get complaints about notaries who fail to return documents. The lender needs to know tracking #’s and when they can expect the documents back. Sometimes, the notaries just don’t answer their phone, or respond to email. This is the fastest way to get in trouble with 123notary and your clients. Let people know when and where you dropped their Fedex and what the tracking # is. Send them an email with the same information just to be redundant and show that you are a thorough and conscientious person.

(4) One notary arrived LATE to an appointment, didn’t handle the closing professionally, and then didn’t fax back the correct docs. The documents were also not returned properly. Can you believe this? That makes us all look bad!!!

(5) Another notary couldn’t call Title because she WORKED full time. News flash!!! — most notaries have full time jobs and do this on the side, but are able to return calls!

(6) Once in a while a notary will do a “No-show”. Some of these non-showing notaries will also ignore emails and phone calls from their clients. What a nightmare!

(7) An unusual case. A high quality signer who has been with us for a long time had a serious incident. He went to a signing at a Starbucks. The signers were there. Then he just disappears. I called him to see what had happened. He got a call from his wife that his daughter had hit her head. A parent’s nightmare!!! So, he panicked, and left without even telling the borrowers what had happened.

Where do we draw the line at family emergencies? This is a tough call for all of us.

Tweets:
(1) From time to time we get complaints about notaries who didn’t return docs. Let them know the tracking #.
(2) One notary couldn’t return a call because she had a full-time job. Do you buy this?

You might also like:

13 ways to get sued as a Notary
http://blog.123notary.com/?p=19614

Just say no #2

Notary etiquette from A to Z

Best materials from our forum

California notaries with complaints

Share
>

September 27, 2010

Hospital notary job tips from A to Z

Filed under: Comprehensive Guides,Hospital & Jail Signings,Technical & Legal — Tags: , , , , , , , — admin @ 10:33 am

Hospital notary jobs are a great source of extra income for signing agents. However, there are many pit falls and delays. Learn to do your homework so you can minimize the problems of this type of job. Hospital notarizations are always much more time consuming than regular notary jobs, so charge at least $50 travel fee and be prepared for signers and family members who do not have their ID’s and documents ready.

Call first to find out if the signer has ID

If you are doing a notary signing for someone in the hospital, chances are their family members will be calling you for the signing. The signer will generally be elderly, and elderly people who are not self-sufficient typically have expired identification. Find out what the signer’s identification is before you go to the signing. Have someone read the ID type, state of issue, number, and expiration date. The client will tell you false stories otherwise. They will say, “Oh, she has a passport”, and then when you get to the signing you will find that they only have a social security card, and can’t even find it.

Confirm the signing and identification

When you confirm the signing, confirm where the ID is, and make sure the person on the other end ofthe phone is HOLDING it, or you will never find it. Elderly people can never find their identification if they even have any. They will sit with you on the sofa and go through the contents of their entire wallet. You will see decades of history unravel before you, and will be kept waiting a long time. They will offer you every type of unacceptable ID known to mankind, and will offer you everything except for an ID that you can really use. Make sure the client who calls you knows where the ID is, or you will be sorry.

Does the signer understand the document?

Make sure the signing can explain the document to you, otherwise they shouldn’t be signing it. If the signer is so incapacitated that they can’t speak, then you should not notarize them.

Can the signer sign their own name?

Find out if the signer can sign their own name before going to the signing. Family members will always assure you that they can sign. But, medical situations change quickly, and once the notary arrives, the signer is often drugged or incapable of speaking coherently or signing anything. Have the family members make the signer sign something before you book the appointment. When the client calls you and you ask them to sample the elderly person’s signature, the elderly person will always be sleeping, so they can’t test their signing skills, but you will be assured that after you drive two hours to the signing, that the person will be able to sign properly.

Is the signer drugged?

Make sure that the nurses know not to drug the signer within eight hours of the signing. Make sure the family members of the signing are watching the signer at all times to make sure the nurses don’t slip them any valium, otherwise the signing is off.

Confirmation an hour before the signing – a list of questions to ask.

(1) Is the signer awake? Waking them up at the last minute takes a long time.

(2) Is the signer drugged? Valium and signings don’t mix.

(3) Can the signer sign their name? Have the family member test them out before you drive.

(4) Do you have the ID in your hand? Please read it to me again. Otherwise you’ll never find it.

(5) Do you have the document(s)? Please confirm you are holding them in your hand. Don’t let family members drag the person’s arm while the signer is grabbing the pen. If the daughter moves the signers arm around, then it is the daughter signing for the person. If the signer can’t sign on their own, the signing is off. You can do a signature by X if you know the procedure. However, the family members may use their arm as a fixed brace, so that the signer can have some physicall support for the signing. Make sure the family members’ arm doesn’t move around to assist the signing.

What should I charge?
Travel fees for hospital jobs should be anywhere from $40 to $80 which should include the first 30 minutes of waiting time.  Hospital notary jobs are risky, because the signer may not be able to sign — which means you might not get paid.  The signer could die before you arrive as well.  The families of the signers rarely have their paperwork and identification all in order which ensures you at least 20 minutes waiting time, even if you double check to make sure they are prepared.  Charge whatever your state allows per signature and a hefty travel fee IF YOUR STATE ALLOWS travel fees at all. Our forum documents roughly eight states with travel fee restrictions which puts a stranglehold on your whole livelihood.

You might also like

Notarizing for the elderly. Do a little digging to find out if the transaction is legit.
http://blog.123notary.com/?p=20038

Power of Attorney at a nursing home
http://blog.123notary.com/?p=2305

Rules for notarizing a bedridden person
http://blog.123notary.com/?p=2243

Do you like your job? A story about a notary who was kept waiting.
http://blog.123notary.com/?p=617

Jail notary jobs from A to Z
http://blog.123notary.com/?p=151

Share
>

September 7, 2010

Everything you need to know about journals

Filed under: Comprehensive Guides,Journals,Popular on Facebook (A little),Popular on Twitter 2010,Technical & Legal — Tags: , , , , , , , , — admin @ 7:20 am

Everything you need to know about notary journals.
Not all states require a journal of official notary acts. However, it is wise for notaries to keep a journal, as it is a record of all notary acts that they have ever done. A notary journal is a bound and sequential book containing records of all notary acts done by a particular notary. If a notary completes all the entry of a particular journal, they can start a second journal.

What goes in a journal entry?
(1) The date and time of the notarization
(2) Type of notarization
(3) Name of the document and document date (if there is one ),
(4) Name and address of the signer
(5) Type of identification ( personally known to the notary, credible witnesses, or ID document )
(6) State/Country, Serial #, and expiration date of the ID.
(7) Additional notes
(8) Signature of the signer
(9) Thumbprint of the signer
(10) Notary fee charged (if any)

The additional notes section is a part of the journal not understood by many notaries.
If credible witnesses are used, their signatures and ID’s should be recorded in the additional notes section.
If any unusual situations arise during the notarization, or there is anything unusual about the signer or the venue, that should be documented in the additional notes section. If travel fees are charged, that too can be documented in the additional notes section.

Journal thumbprints
Not all states require journal thumbprints. However, documents effecting real estate or large amounts of money should have a journal thumbprint accompany their notarization. A thumbprint is the only absolute way to identify a signer if fraud is suspected. ID cards and signatures can be forged, but a person’s thumbprint is unique to that individual. If a notarization is ever investigated due to suspicion as to the identity of the signer, a thumbprint can end the investigation cold in its tracks and possibly save the notary from having to appear in court.

Lock and key
The notary must keep their journal under lock and key. Bosses, co-workers, family members, and strangers alike are not allowed to inspect the notary journal without the presence of the notary. They are not allowed to do notarizations with the notary’s seal and journal under any circumstances.

Lost, stolen, or damaged journals
If your journal gets lost, stolen or damaged, contact your state’s notary division immediately and let them know what happened in writing.

What do you do with your journal when your commission is over?
If you don’t renew your commission, ask your state notary division what to do with your journal. It is most likely that they will need to be submitted to your county recorder’s office.

Where do I purchase a journal?
Notary journals can be purchased from the NNA, or from many other vendors on the internet. Some local office supply stores might have journals too, although that is not a predictable place to buy journals unless you are sure they have them.

How many journal entries do I create?
If one signer signs one document, create one journal entry. If one signer signs two notarized documents, that would necessitate two journal entries. If three signers each sign two notarized documents, thats six journal entries, all of which need to be signed by the corresponding signer.

Where do I keep my journal when I’m not using it?
Keep it under lock and key. You can have a notary carry all bag with a mini-lock, or keep it locked in a desk drawer to which only you have the key. Nobody else should ever be able to access your journal

What if someone has an inquiry about a particular journal entry?
Just ask them what the date of the notarization was and the name of the signer, and look it up in your journal. If you have several journals in your archives, you may have to go through your archives. You can make a copy of the journal entry and send it to the person making the inquiry, but hide information pertaining to notarizations of other individuals on that same page.

Tweets:
(1) A journal entry must include: time & date, type of notarization, doc name, name & address of signer…
(2) Journals must be kept under lock & key and returned to the county clerk at the end of your commission.
(3) Learn the finer points of journal entries: where credible witnesses sign, thumbprints & notes.
(4) Everything you need to know about journals, but were afraid to ask.

You might also like:

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

How do I fill out a Notary Journal entry?
http://blog.123notary.com/?p=1725

Share
>

August 2, 2010

Typical things notaries do wrong

Filed under: Just Say No!,Legal Issues,Notary Mistakes,Technical & Legal — Tags: , , — admin @ 4:17 am

Typical things notaries do wrong.
Notaries do many things incorrectly, particalar inexperienced, or unschooled notaries.  Clients will ask you to do all sorts of things.  Some things are merely unorthodox, while others are purely illegal.  Here are some things that notaries do wrong.
 
Copies of vital records
From time to time, a notary is asked to notarize a certified copy of a vital record such as a birth certificate, marriage or death certificate.  This is not legal, and not recommended.  It is legal, but not recommended to do what is called a copy certification by document custodian. This notary act is a glorified Jurat, where the individual who is in charge of the document swears to the authenticity of a copy of the document. 
 
Going to hospitals and jails without asking the right questions.
Many notaries don’t want to go to hospitals and jails because they are afraid.  There is nothing to be afraid of, but there are pitfalls.  Many signers in hospitals are elderly and don’t have ID.  Inmates NEVER have ID.  So, the notary must first be sure the signer or their family members / associates have their ID and it is wise to have them read the ID# and expiration date to the notary, so the notary can be sure that they really have the ID and that its current.
 
Leaving seals and journals unattended.
As a notary public, you and only you are responsible for safeguarding your seal and journal.  Even if your boss or co-workers want to use your seal or inspect your journal, its completely illegal. Only the notary can do a journal query, or use their seal.   Carelessly leaving your seal in an unlocked area is also a very serious notary error.  Seals and journals must always be kept under lock and key.
 
Not having the signer present.
Its common for a client to request that a notary notarize a document when the signer is not around. This is completely illegal.  The signer must be  in front of the notary during a signing.  This means within a few feet and able to communicate directly with the notary.
 
Having an interpreter
Many immigrant families have older members who don’t speak English.  They often attend to their business with their children along to explain things and translate.  When they call the notary over, they often don’t explain that the signer can not speak English, since its not a problem due to the fact that they can translate. But, the notary must be able to communicate directly with the signer.  If the signer only speaks Uzbek, and the notary doesn’t speak Uzbek, then the signing is off.   On the other hand, if the document is in Chinese, and the notary only speaks English, that is okay, since the notary is not liable for the contents of the document.
 
Overcharging
The maximum notary fees vary from state to state.  California and Florida are  “generous” offering $10 per acknolwedged signature, while many other states offer as low as 25 cents or two dollars per signature which is hardly enough to make a living.  It is tempting for notaries to charge more than they are supposed to to make it worth their while. This is illegal.  Also, many states have restrictions for what notaries can charge for travel fees.  Many notaries overlook these restrictions.
 
Journal thumbprints and notes
It is critical that notaries get the right thumbprint of the signer in their journal, especially for deeds and powers of attorneys.  This is a great way to deter fraud, and will keep a notary out of court in many instances.  Additional notes are important to keep in a journal too.  If a notary goes to court, they will never remember a signing that took place years ago, unless some notes are kept about anything unusual at the venue of the signing, or anything that is unusual about the signer.
 
Also see:
Everything you need to know about thumbprinting
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4019
 
Backdating
Almost all signing agents will be asked to backdate at one or more times during their career.  Don’t do it.  Backdating is illegal.  Backdating means putting a date prior to the actual date of the notarization on a notary certificate. The date of the notarization is when the signer signs the journal, although the signer can sign a document before the notarization of an acknowledged signature.  Here is some more information about backdating.
 
You might also like:

What do you do if asked to backdate?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4029
 
What is backdating?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3920

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

10 risks to being a mobile notary public
http://blog.123notary.com/?p=19459

Share
>
« Newer Posts — Older Posts »