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April 10, 2018

Document dates, signature dates, rescission dates and transaction dates

Filed under: Technical & Legal — Tags: , , , , — admin @ 11:21 pm

As a Notary, you will undoubtedly be confronted with a variety of dates that all need to be clearly defined in conversation so as not to confuse yourself or the other party. Let me sum these up.

Document Dates
The document date is NOT necessarily the date the document is notarized. It is merely an arbitrary date normally created by the document drafter that might reflect the date the document was drafted, supposed to be signed, supposed to be notarized, or some other arbitrary date. There is no rule for when a document date can be.

Signature Dates
The signature date of a document is the date it was signed. If you have two signers signing on different dates, you might have what 123notary calls “a double date.” There are multiple questions involved in a double date. One is how do you date the rescission document if the date you signed a document is more than one date. The other far more important question is — who pays?

Rescission Dates
The rescission date is based on a date that comes CALENDAR three days after the transaction (= signature date) not including Sundays or Federal holidays. If you have two signature dates, you might have two rescission dates, one per person. But, if there is only one rescission date, it probably is based on the last signature (complicated.)

Transaction Dates
This is more of a glossary type term or test term. The transaction date is the date when the transaction happened which is based on the date of the signature. I ask people what the synonym is for a signature date to see how much they read.

Medjool Dates
If you go to a signing for health conscious people or Saudi’s, after the signing, you might get yet another type of a date — a Medjool date. These dates are typically grown in the Middle East, but also in parts of Arizona near Yuma

Hot Dates Q&A
If you steal a document, would the date on the document be correctly defined as being a “hot date” since it was technically stolen?

Dates and Journal Entries
A good Notary does more than his/her state’s minimum requirements for journal entries. There is a field in your journal for the name and/or description of the document. A good journal also has an optional field for the document date. I suggest you pay attention and write in the document date as it helps to identify a particular document and distinguish it from a different document with the same name signed by the same person. Sometimes the document date is the only way to tell them apart.

Dates and Notary Appointments
I once went to a Notary appointment with a date. I left the date in the car and came out $30 richer. She complained that I left her in the car too long, which is good, because that date would expire at midnight.

Please also read our previous article on the same topic. Read more…

You might also like:

Notary Public 101 Certificates!
http://blog.123notary.com/?p=19502

10 tight points on loose certificates
http://blog.123notary.com/?p=15449

Backdating from A to Z
http://blog.123notary.com/?p=2424

5 books every notary should own and read
http://blog.123notary.com/?p=3668

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April 5, 2018

The name on the ID vs. the Acknowledgment, Document, and Signature

Filed under: Technical & Legal — admin @ 11:08 pm

As a Notary, you will be confronted by a myriad of inconsistencies. Names on identifications don’t always match names on documents. We have discussed this multiple times in our John Smith examples where the name on the ID is shorter than the name on the document which in my examples is normally John W. Smith. However, I want to introduce the complexities of name variations in an organized way.

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RULE #1: The name on the ID must prove the name on the Acknowledgment
The name on the ID is not always identical or “matching” the name on the document. I do not like the term “matching” because it has multiple connotations and therefor is not clear. The name on the identification must PROVE the name on the Acknowledgment as a minimum.

Example
The name on the ID says John Smith.
The typed name on the document says John William Smith
The signature on document says John William Charles Smith
The name on the Acknowledgment cannot say more than John Smith otherwise you are notarizing someone whose name you cannot prove.

Whether or not your state approves you notarizing a signature that is longer or not matching the name on the identification is between you and your state. But, according to sensible practices, the main thing is what name you are Acknowledging the person as, because that is your job as a Notary. As a Notary, you have to prove the identity of the signer and certify that information in the form of a Notary certificate. What goes on the certificate must be true under the penalty of perjury in California and must be true in other states otherwise it could be considered fraudulent. In this example, you can prove the signer is John Smith, he over signed the document which the Lenders don’t usually mind, and you notarized him once again as John Smith — nothing more, nothing less.
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RULE #2: The typed name on the document ideally exactly matches the signature, but, if the Lender says it’s okay, an over signed version of the same name would suffice.

i.e. If the typed name says John William Smith, then the signature could be John William Charles Smith.
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RULE #3: The name on the Acknowledgment can be an exact match of the signature if provable by ID, or a partial match of the signature that is proven by the identification.

i.e. If the signature says John William Charles Smith, you can notarize the signature as that name if it that name variation is entirely provable based on the ID, or you can notarize him as John Smith as the ID proves that name.
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RULE #4: The typed name on the document is supposed to match the name on Title.

The recording agency has a particular name on title, and loan documents are supposed to match the name on title. Sometimes people change their name on title using Grant Deeds and Quit Claim Deeds and which form you use to change a name on title depends on what state you live and your individual situation, and I am not trained in these matters, (sorry.)
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Rule #5: Just because you are obeying sensible practices and the law doesn’t mean the Lender won’t get mad and fire you.

The Lender wants the name notarized based on how the name reads on the documents as a general rule. Usually times you can get away with notarizing a shorter version of the name for legal reasons. If you have a situation where you have a choice between breaking the law and pleasing the Lender, choose obeying the law. If you have a choice between pleasing the Lender and taking liberties identifying someone which is a wishy-washy point in the legal code in many states (look up your state’s requirements for proving someone’s name — many states only say that you have to check their ID, but not see if the names exactly match) then you have a judgement call.

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Summary of rules using fortune cookie English

1. Name on ACKNOWLEDGMENT must be proven by name on IDENTIFICATION

2. Name on ACKNOWLEDGMENT must be part or whole of name on SIGNATURE

3. Name on SIGNATURE can match exactly or be a longer variation of TYPED NAME on document.

4. TYPED NAME on document should MATCH name on TITLE

5. LENDERS want name on the Acknowledgment to match TYPED NAME on document, but this is not always legally possible.

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You might also like:

The ID says John Smith
http://blog.123notary.com/?p=19953

What’s your sign? A guide to spotting fake ID’s.
http://blog.123notary.com/?p=19638

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

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April 3, 2018

Notary Public 101 Scenarios: Confirming the signing

Filed under: Loan Signing 101 — Tags: , , , — admin @ 11:18 am

Confirming a Notary Signing

As I continue to teach people and quiz Notaries on the subject of confirming the signing, I realize that the subject is more complicated than I previously realized. When confirming the signing with the borrower, there is a lot to go over. But, sometimes you don’t have the means to know what you should ask, especially when you have not received the package. Sometimes there are instruction pages with requests for checks or Quit Claim Deeds where non-borrowing in-laws need to sign. You might not know this until the last minute, but you could put it on your list of things to ask about during your initial call.

Since there are so many things to ask about during a confirmation call, it makes sense to keep a cheat sheet in your wallet with a list of things to ask about.

THE CHECK LIST

1. Identification
It is common for Notaries to confirm that the borrower(s) has/have a current government-issued identification card. That is not good enough. If the name does not match, you will have a very short or cumbersome Notarization. You can avoid a three hour trip that you don’t get paid for by making sure the ID proves that the name on the document is authentic.

2. Signers
Make sure all of the signers will be present. Not all signers are borrowers. It is common to have a non-borrowing spouse, or even in-laws who are on title. It is also common for people to sign off title if they don’t want to be part of a loan. There might be Grant Deeds or Quit Claim Deeds in such cases.

3. Paperwork going back to the Lender
There are often personal checks, cashier’s checks, tax or insurance forms or copies of ID’s going back to the Lender. Make sure that if there is anything going back, that it is in a folder on the signing table when you come so you don’t have to waste time finding it or forget.

4. Surface
To do a signing, you need a surface to do the signing on. Normally, homeowners sign on their dining room table. Many title companies are making sure that the table is clear before the Notary arrives to save time and grief. If you don’t make sure there is a surface, you might be signing on the floor or crouching to sign on a cluttered coffee table.

5. Duration
Many signers are not aware of how long a loan signing takes. It might take anywhere from thirty minutes to two hours depending on the length of the package, the degree of familiarity with the process and how much reading the borrower intends to do. The Notary should confirm how much reading the borrower wants to do, because the Notary needs to be on time for his/her next appointment. Find out in advance how much time the borrower wants, otherwise your schedule might get very off track.

6. Introduction
Many Notaries go over the fact that they are the Notary, what their name is, what their function is, and how they cannot answer legal questions, etc. Introducing yourself is great. But, if I am quizzing you with one minute to go over confirmation, and you waste the entire minute explaining the details of how you introduce yourself and forget to mention that you made sure all the signers would be there with ID’s that match the names on the document, you will fail.

7. The Numbers
If you want to go over numbers on the CD or HUD-1, you can think about that. These days, the Lenders normally do a good job of that on their own, but a last minute brush-up can reduce the chance of last minute surprises.

8. Where to Park & Directions
If you want to go over directions and where to park, that matters too. That is the last thing I want to hear if I quiz you, but in real life, where to park can be a serious consideration.

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Conclusion
The purpose in confirming a signing is to introduce yourself and go over all issues which would cause a glitch in the signing to make sure the glitch doesn’t happen before you get in your car and drive. Be prepared to confirm a second time after you have the documents printed out as you might learn more about what needs to be done after printing. Be prepared to cancel the signing if any information doesn’t check out as well. Be thorough, don’t leave any necessary information out, and you will have a more organized and stress free profession.

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You might also like:

Confirming the Signing
http://blog.123notary.com/?p=19

Real Life Notary Scenarios
http://blog.123notary.com/?p=19681

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

Notary Etiquette from Atheist to Zombie
http://blog.123notary.com/?p=13718

Don’t Call Title or Borrower
http://blog.123notary.com/?p=15066

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April 2, 2018

Cross out and initial, or use a fresh form?

Filed under: Technical & Legal — admin @ 6:41 pm

Most Notaries like to cross-out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross-outs look like tampering. It is CLEANER to take a fresh acknowledgment form from your Notary bag, fill it out thoroughly including the additional information section with the name of the document, number of pages, etc., And then staple it on to the document. On the other hand, using a new form could change the recording fees for the loan which would affect the truthfulness of the information on the Closing Statement.

If there is a cross-out for a name on a certificate that is a quite serious legal issue. It could lead to complications should you ever go to court. It is your right to decide to use a fresh acknowledgment form and staple it on the document even if the Lender doesn’t want it that way. Lenders sometimes prefer to use the original form because it is inscribed within the document. But, also because a new form will be charged extra money from the county recorder. Lenders sometimes lose loose acknowledgment forms which is yet another reason many Lenders prefer to fix the original.

As a Notary, you may be faced with the unpleasant reality that the Lender may have already filled out your Acknowledgment form, and with wrong information. If the form says you are in Orange County when you are in Seminole, you cannot notarize that form as is. So, what do you do and what are the consequences?

I cannot tell you what your state laws allow or require, I can only tell you how to handle forms in a prudent way.

Fix the Existing Form
If you are going to fix the existing Acknowledgment, just cross-out the wrong information with a single line, write in the correct county, and the Notary initials. The borrowers can initial changes to documents, but should not initial changes to certificates unless your state says so in writing. Fixing the existing form has the advantage that there will not be any changes to the recording fee for the loan. If you start adding additional pieces of paper, that will change the information on the HUD or CD and open a can of worms which some Lenders don’t like. On the other hand it is cleaner to replace the form rather than to fix it as fixing it looks like potential tampering.

Replace the Form
To replace an Acknowledgment, just staple on a new Acknowledgment, fill it out, sign and seal. Please also fill out what is called the optional and additional information which is normally about the document such as number of pages, document date, etc.

Communication Errors
When I ask Notaries how to fix a wrong county on an acknowledgment, some of them tell me how to replace it. Fix and replace are not the same word, so please do not answer a different question from what I asked. Please also be aware of the benefits and costs of replacing the form rather than fixing it.

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You might also like:

The 30 point course – initialing
http://blog.123notary.com/?p=14463

The man who wouldn’t use his middle initial.
http://blog.123notary.com/?p=4040

What is the cleanest way to rectify an error on a certificate?
http://blog.123notary.com/?p=20018

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The ID Says John Smith

Filed under: Technical & Legal — Tags: — admin @ 10:56 am

Q. The name on the ID says John Smith, but the typed name in the document says John W Smith… Can you notarize the signature under these circumstances?

A. You can have him sign John Smith and notarize him as John Smith. The might not wash with the Lender but looks legal. Or, have him sign John W Smith, but put only John Smith in the Acknowledgment. That way you are ONLY certifying the name he proved to you was really his.

Other things you could do…
Ask for other ID. If they don’t have it, if your state allows credible witnesses, use them to identify the signer. You can always notarize the signer based on his name on the ID regardless of the typed name on the document. The Lender might not like that, but your main job is to please the law.

For the most part, signers will have identifications that are thorough enough to use for purposes of notarization. However, it is possible that an ID will have a name that is either shorter, or that doesn’t match the name on the document. Notaries scramble the requirements for positive identification. There is the “you can have more than but not less than” rule. More than what? Less than what? This is a bad rule to learn because it gets scrambled more than not. Here are some basic principles:

1. You can always over sign (Lender principle)
This is a Lender or Title requirement, not a law. The law does not say anything about over signing in anything I have ever read. If the document says John Smith and the signer signs John W Smith, that might be okay with the Lender, but it might not be acceptable to notarize. Your job as a Notary is NOT to please Lenders, but to notarize people who you have positively identified. If the ID says John Smith then you can notarize the signer as John Smith prudently, but nothing longer than that.

2. The name on the document must be provable based on government issued photo identification.
I will not go over the particulars of an acceptable ID, and some of the particulars are state specific. As a general rule, a state issued photo ID card, driver license, passport or military ID are fine for a Notary to accept. If the ID says John William Smith and the document says John Smith, then you are fine, but if the ID name is shorter then you cannot prudently use it to identify the signer. If the ID says John Smith, but the signature on the document says John W Smith, you cannot prudently notarize that name even if the Lender says it’s okay. The Lender is not your boss, the laws of your state’s state notary division are, so obey the right entity, and stay out of jail.

3. You cannot use an AKA statement
A Signature Affidavit with AKA statement is not an acceptable primary or secondary ID. As a Notary you cannot use it to identify a signer ever. It is for the lender only.

If I ask you if it is prudent to notarize a signature that says John W Smith when the ID says John Smith, if you make me repeat myself, scramble the scenario, or quote some dumb rule that doesn’t apply in this situation such as point one in this article, you will not only get the question wrong, but get marked up for having poor communication skills. This is a yes or no question, please answer it accordingly.

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You might also like:

Notary Public 101 — Identification
http://blog.123notary.com/?p=19507

The 30 Point Course – a free loan signing course on our blog
http://blog.123notary.com/?p=14233

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Scenarios: The Frank camping trip question

Filed under: Loan Signing 101 — admin @ 12:17 am

Frank does a loan signing on Monday and drops the package in the drop box at 3pm, calls in the tracking number and then wants to go camping. How many days should Frank wait before embarking on his camping trip and why?

I think that Frank should wait until he confirms with the Lender that the package has been looked over in its entirety, or until the rescission date, before going camping. If there is any issue, they might need Frank’s immediate communication and cooperation. Notaries who are not responsive after signings get regular complaints on our review system.

But, let’s review why you should wait and how long you should wait.
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1. Camping = not responding to emails = complaints
The most common source of complaints in our review system is due to Notaries who are either rude, make Notary mistakes or are unresponsive after a job has been completed. Sometimes the Notary forgets to send the documents in, and sometimes they just don’t answer their email when there is an issue or question with the documents that were sent in. If you don’t respond, you get complaints. If you are camping, you might not be in a position to answer emails quickly and might not have internet access.

A lot of wise guy Notaries say that they would take their laptop camping and that they only go to a camping spot where there is internet. I think these Notaries are personalizing the question rather than answering it based on general sense which dictates that camping spots are normally out of circulation and that the question is not about THEIR camping spot, but about camping spots in general.
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2. Types of issues
If you hand in loan documents, there might be several types of issues.

(a) A missing document. Perhaps Title never included it in the package, but you will be questioned and blamed if it does not come back to them.
(b) A missing signature or initial. This one is your fault and it will come back to you within a day of receiving the documents.
(c) Recording issues normally happen after day five and are rare. Your stamp’s impression might be too light or some arbitrary and nitpicky complaint about your seal could happen. You cannot hold yourself hostage forever, so focus on more common issues.
(d) Fedex was delayed for some reason. If so, you get called and you have to answer questions about where you dropped the package, when you dropped it, what the tracking number is, whether you gave it to a person or put it in a box, etc.
(e) A missing check or document that was to come from the borrower and be included in the package.
(f) A redraw and resign. Perhaps the borrower decides they want to change something about the loan and there needs to be a resign. This happens from time to time and you will get called if it does.
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3. Timeline
If there is a problem with a loan, it is unclear how fast you will find out about it. Here is my approximation of a timeline.

Day of the signing — the loan gets signed and dropped in a drop box hopefully at a manned Fedex station or other courier station or box. If the package gets dropped after the cut off, it doesn’t get picked up until the next day or early evening.

Day 1 — An overnighted package might be received on this day, the day after the signing which I call Day one since the day of the signing doesn’t count as a day in the rescission calendar. You might hear from someone on this day if there is a problem, but it is more likely you will hear from someone on day two.

Day 2 — A 2 day air package or delayed overnight package will probably arrive on this day. Just because the Lender received the package doesn’t mean they looked at it in its entirety yet. It might be sitting on their desk. You are likely to hear from someone on day two, but not necessarily.

Day 3 — By this day, the package will most likely be received and looked over. But, a few stragglers might still not have looked over everything and the secretary might still have the package in a pile on her desk.
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Day 4 — By now, the right to rescind is probably over or will be over by midnight if there was a Sunday or Federal Holiday within the four calendar days. It is probably safe to go camping now.
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Day 5 — If there are recording issues, those might surface after day five, but are rare, so don’t lose sleep over them.

4. When is it safe to go camping?
If you alert your client in writing before the signing happens saying that you are out of circulation and that if there is a problem, you are on your own — you still might get blamed, but at least you put the alert in writing.

I would wait until day four to go camping OR call the Lender and make sure he/she has looked over the entire package before going camping. Sending the package by fax and having them inspect it the afternoon you completed the package is yet another option if they are available to inspect it. Most issues come to surface on day two or day three, so by day four you are likely to be off the hook. Check your emails once a day anyway just to be a good service provider.

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You might also like:

How to lose half your clients while on vacation!
http://blog.123notary.com/?p=596

Typical things Notaries do wrong!
http://blog.123notary.com/?p=58

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

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April 1, 2018

Scenarios: What is the cleanest way to rectify an error on a certificate?

Filed under: Technical & Legal — Tags: , , , — admin @ 9:25 am


Notary Certificates


In this article I will address multiple points affecting fixing errors on certificates.

WHAT IS THE CLEANEST WAY TO RECTIFY AN ERROR ON A NOTARY CERTIFICATE?

Most Notaries like to cross out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross-outs look like tampering and there is always a small chance that your cross-out will cause a long and drawn out delay in a court case if an Attorney suggests that perhaps there was tampering. It is CLEANER to take a fresh acknowledgment form from your Notary bag, fill it out thoroughly including the additional information section with the name of the document, number of pages, etc., And then staple it on to the document.

To be prepared for this type of situation, please do the following:

1. Keep Notary certificate pads on your person
Buy Acknowledgment, Jurat, and Copy Certification forms from the NNA. These forms come in pads and fit in your notary bag or at least in your trunk. A good Notary carries these and uses them regularly.

2. Ask for preferences, not for advice
Know when to ask the Lender or Title company for their preference. Please remember that as a Notary, it is your exclusive jurisdiction to be the expert and sole authority as to how Notarizations should get done and how Notarizations do get done. However, if there are two legal ways to handle a situation such as fixing an error on a certificate (does not apply to Maryland as I have heard that you may not add a loose certificate there — look it up in the MD Notary Manual to be sure) you can ask for a preference as to which legal way the Lender prefers. But, you must not ask a Lender if it is “okay” to do something in a Notary form, but only if they have an “issue” with it.

The way you think about asking Lenders questions matters as many Notaries think of Lenders as their authority and boss. As to completing the assignment, loan documents and shipping, they are your boss. For the actual Notary procedure, the Secretary of State Notary Division (or whatever they are called in your state) is your only authority and YOU are the authority over the Lender in this regard. You have the right to say no, and they do not have the right to boss you around about Notary issues, but only to voice preferences.

3. Recording fees & issues with adding forms
If you add a loose acknowledgment to a notarized document in a loan signing, that will change the recording fee which might be recorded on the CD, Closing Statement or HUD-1. You are opening a can of worms if you do that. However, in my opinion, the integrity of the notarization trumps any recording fee issues as you are not likely to end up in court because the recording fee went up by $10 or $50, but you might end up in court if someone thinks there is tampering due to initialing and changing information on a Notary certificate.

WHAT IF THE LENDER WANTS YOU TO USE THE ORIGINAL?

Lenders are particular to the fact that they might have trouble reselling their loan if there are too many abnormalities in the Notary section such as adding certificate forms. Additionally, recording fees can go up if you add a certificate to a recorded document, and that affects the information on the CD or HUD which opens up a can of worms. However, please consider that if there are any accusations of tampering, it is you who might spend a long time in court. Adding a fresh certificate that has its additional and optional information filled out, which identifies the document clearly, eliminates most possibility of suspicion.

YOU HAVE THE WRONG STATE IN THE ACKNOWLEDGMENT
Assuming the form is acceptable in all other ways other than the state, just cross out the state, write in the new state, initial, and you are done. Do NOT let the borrower initial Notary certificate forms — that is exclusively the jurisdiction of the Notary.

WRONG COUNTIES VS. WRONG DATES OR NAMES
Having a cross-out in the county of the venue would probably not affect the nature of the contact. Whereas changing a date would affect rescission which could nullify the effectiveness of a loan if challenged in court. Crossing out a name on a certificate can really change the contractual significance of a loan document. I cannot recommend how to handle situations with any authority. However, please realize that changing a county is a small issue while crossing out and initialing a date or name on an acknowledgment for a loan document could cause havoc down the line.

You might also like:

Cross out and initial or use a fresh form?
http://blog.123notary.com/?p=19933

Index of posts about Notary certificates
http://blog.123notary.com/?p=20268

Fixing certificates is a state-specific nightmarish issue
http://blog.123notary.com/?p=21083

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March 31, 2018

The John & Sally Question Revisited

Filed under: Loan Signing 101 — admin @ 10:28 pm

This is a simple question that throws Notaries off that I like to teach. John and Sally’s names are inscribed in an Acknowledgment for a Deed that the Lender pre-filled out. Sally cannot make it to the signing because she works the night shift. What do you do?

Wrong Answer
Notarize the form as is. Commentary — unfortunately, that is illegal, because you cannot perform an Acknowledgment for someone who does not personally appear before the Notary Public.

Another Wrong Answer
Just cross out Sally’s name and proceed. Commentary — unfortunately, forms have wording in the boiler plate section with he/she/they, capacity(ies), signature(s), etc. If you do not make sure the standardized wording and cross outs are consistent with how many people are there and of what genders, you have created falsified information in a certificate which is a crime.

A Messy but Acceptable Answer
You can cross out Sally’s name, check the wording below and make sure it is consistent with single man and a single signature if indeed there is only one signature on the document (better check to verify.) However, this is messy. Fraud could be suspected after the fact. If you cross out a county, that does not affect the transaction in any way because the loan would still be legal (I’m guessing & assuming) if you signed it in another county of the same state. However, if there is a debate as to whether Sally was there or not, or someone used the initial to add a third name fraudulently, you the Notary are in trouble. By having initials on legal documents and forms, you are opening up a can of worms and will have only your journal as evidence of what actually happened.

A Clean and Correct Answer
The best way to rectify the John and Sally issue is to either drive to the hospital where Sally works and get her to sign before midnight. That is not always possible. But, the forms could be stamped after she signs.

Or, use a fresh Acknowledgment form and just put John’s name on it, and notarize John’s signature as is. Another Notary can deal with Sally and do what James Bond calls — Notarize another day.
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You might also like:

Cross out and initial, or use a fresh form?
http://blog.123notary.com/?p=19933

Filling in your journal before the appointment?
http://blog.123notary.com/?p=15354

The ID says John Smith.
http://blog.123notary.com/?p=19953

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Scenarios: The FBI is at your door

Filed under: Loan Signing 101 — Tags: , , , , — admin @ 12:21 pm

False Identification

What piece of information will the FBI want from you if someone gave you a fake ID?
A journal thumbprint. If you don’t keep journal thumbprints, consider starting now.

But, why keep a journal thumbprint if your state doesn’t put a gun to your head and require it?

Most Notaries disdain the idea of doing anything that isn’t forced on them. Doing the absolute minimum seems to be the gospel of many Notaries these days which is a problem. Laws are often too inconclusive to include safety measures that protect the Notary and society from fraud.

A few states are against journal thumbprints
Some states recommend against taking thumbprints as that information is highly sensitive and could be used for fraud. But, the police take fingerprints don’t they? Should society tell the police to stop taking fingerprints since the information could get into the wrong hands? My opinion is that a Notary Public is a member of a profession based on trust and integrity. If a state doesn’t trust a Notary with a thumbprint, they should not commission that Notary to begin with. Would you hire a policeman you don’t trust? Bad example, in Los Angeles there are many police I wouldn’t trust with a dime (but might with a peso since we are a sanctuary city). But, the point is that the position in society of an integrous Notary is based on trust. If you don’t trust someone, don’t marry them, and don’t appoint them as a Notary. If the Notary needs special training to safeguard a thumbprint, then give the training.

You could be named as a suspect
Without a journal thumbprint you do not have a paper trail sufficient in many cases for the FBI to nail the bad guys. It is a common practice for the FBI to treat the Notary as a suspect in identity fraud cases. So, if you don’t want to be pegged as a suspect, you should consider leaving a paper trail. You are notarizing for million dollar properties, and it behooves you to leave a paper trail using any legal methods you can.

Without a thumbprint
Without journal thumbprints, someone could sell a million dollar property to another party fraudulently and there would be no paper trail other than a fake identification serial number and expiration date in a notary journal as well as a falsified signature. Where will that fake evidence point the FBI? The signature might be mildly helpful to forensics, but it is a bum steer down a one way road to a cul de sac. It goes nowhere. It is good to be helpful to investigative authorities. States like Florida and Texas don’t care about investigations, they just don’t want you taking thumbprints. They don’t care if there are consequences to the Notary either. They only think about what bothers them, and not about the bigger picture.

Without journal thumbprints, society is not safe. If society is also not safe with Notaries having thumbprints, then society needs to choose more trustworthy Notaries. California Notaries have been taking thumbprints for years and I have not heard of an issue relating to that fact in my life. Therefore, I feel that the risk to society for Notaries to keep thumbprints is minimal, yet the risk of Notaries not keeping thumbprints will cause a problem in one of every several thousand transactions. The FBI has asked many of my customers for thumbprints over the years, and the California Notaries had the thumbprints and really helped investigations lead to arrests.

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You might also like:

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

5 things a Notary must do.
http://blog.123notary.com/?p=19583

If you’re named as an identity theft conspirator, it could cost you $20,000 in legal fees.
http://blog.123notary.com/?p=19481

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Scenarios: What types of forms should a notary keep in his/her bag?

Filed under: Loan Signing 101 — Tags: , , , — admin @ 6:19 am

Notary Public forms

A Notary public needs to carry forms in their bag because you don’t know what will happen at an assignment and you need to be prepared. You also need a reliable stapler in your bag because stapling certificates to documents is a requirement.

You might need a loose Acknowledgment if there is an error on the original or if there is no Acknowledgment wording on a form. You might also have the problem that there is out of state wording that is not allowed in your state. Each state has a different rule for out of state wording, California’s being the most stringent. So, try to know what you can and cannot do. But, you can always add a loose certificate unless you live in Oregon and Maryland where it is rumored that you cannot, but the crab cakes are so good that they outweigh the loose certificate issue. Notaries in Maryland always get crabby about this issue.

There are other forms you could have including Jurats. Some people need permission for their children to travel with an accompanying adult. With respect to crying babies on future flights, here’s hoping they don’t grant permission. I created my own form with dates, thumbprints, names of all parties, etc. The Mexican authorities loved my form, and it did not take long to typeset or copy or make into a form. Whether or not you create your own form, be prepared, because you never know when your customer is not!

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You might also like:

Notary loses $4000 in legal fees because fraud adds name to Acknowledgment certificate.
http://blog.123notary.com/?p=19477

Notary Acknowledgment Wording
http://blog.123notary.com/?p=18858

Can you send a loose Acknowledgment? You should hear the answers.
http://blog.123notary.com/?p=16168

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