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March 31, 2011

Things that get notaries complaints

Things that get notaries complaints
 
Complaints are taken seriously at 123notary.com.  None of the notaries on board have voiced an opinion supporting our review system which allows browsers to post legitimate complaints about notaries.  Many notaries on board feel that they have a license to cause trouble, and that I have no right to ask questions or do anything about it since they pay us for advertising. Many notaries want the right to harm others without being held accountable.  My point of view is that if you cause misconduct while on our site, ITS MY BUSINESS, and you will be held accountable. 
 
I want to take a positive approach to this problem and let the notaries know what the common things that go wrong are, so that you can avoid getting a complaint in the first place.   I’m going to list types of complaints in order of how frequently they come up.
 
(1) Rudeness
Of all the complaints we have gotten, the largest category was rudeness which includes using bad words, hostility, hanging up on people, rude tones of voice, antagonism, harrassment, and threats.  If a signing company doesn’t treat you the way you like, DON’T WORK FOR THEM.  Don’t threaten to use their fedex account.  Don’t threaten to put a lien on the borrowers house if you don’t get paid.  Don’t withold a borrower’s documents until you get paid.  Have a policy for what you accept from others.  If others violate your terms, then stop dealing with them.  Period!
 
(2) No Show no call
It amazes me that notaries think they can completely blow off a signing without even calling. Then, the excuses notaries give remind me of being a substitute teacher in eighth grade. The excuses are clevely worded so that you will feel guilty for asking them any more questions.  Heartbreaking stories, grueling conditions, family crisises, and earthshaking emergencies.  Many of these excuses are true, but there is no way to verify, because not once have I ever been offered a scan of a document that proves someone’s argument one way or the other.  If you are offered a signing and you can’t make it, call at least two hours in advance.  If you are having a family emergency, in a snow storm, in WW3, in a flood, or are almost dead, you better call otherwise you will get a complaint, and I am not too interested in the excuses.
 
(3) Notary Mistakes
Many notaries make mistakes. The good notaries triple check their work and are willing to go back if they made even one small mistake.  But, not all notaries are good notaries. Many will be unwilling to go back to an appointment a second time to fix what they did wrong.   If you make a mistake, fix it whether you get paid to or not, otherwise you will lose clients and get complaints.
 
(4) Failure to return calls or emails after a signing
This is another type of problem that people have every conceivable type of excuse for.  Personally, when I’m on vacation, I answer emails.  I had a vacation where I slept in my car, slept in a tent, and couldn’t find an internet cafe for half a day. I kept looking until I found it and answered as many emails as I could.  Signing agents will go on vacation, or say they did, and use that as an excuse not to return phone calls or emails.  I won’t accept this as an excuse.  You have to be available up to 48 hours after a job is done in case there is a problem, and the problem could very well be the fault of the title company, but you still have to be available.  No excuses.

 (5) Slandering or sabotaging companies you work for
One notary said that the terms of the loan were not good.  Another tried to sell the borrower a modification right at the signing.  A third threatened to use the lender’s Fedex account # because she said she didn’t get paid enough.  Another one sent porno spam to us and others. 
 
(6) Other types of misconduct.
Some notaries just cause a lot of various types of trouble.  Others are unwilling to fix mistakes they made.  Once in a while a signer will outsource jobs to another signer and then not pay them.  Last minute cancellations are completely unacceptable unless there is a documented health emergency or other type of uncontrollable circumstances.  One notary has a habit of double booking appointments and then trying to reschedule them at the last minute.  Two notaries walked out of an appointment.  One had a family emergency and flaked.  He forgot to even tell the borrowers who were in the other room that he was going to the hospital.
 
The moral of the story is to avoid all of these problems by being very careful to go to all your appointments, be polite even if others are not polite to you, and do a good follow up after the job is done.  I’m personally tired of all the complaints, excuses, the dramas, and irresponsibility.  We want good notaries on 123notary, and for the most part, the notaries on board are excellent. We do not want a few bad apples to cause a bad reputation for the others.

Tweets:
(1) Many notaries feel that since they pay us for advertising, we’ve no right to post bad reviews on their profile.
(2) Many notaries are rude to signing companies who manipulate them. Don’t be rude! Just don’t work for them.
(3) Many notaries just don’t answer their phone or email after a signing which can cause a nightmare.

You might also like:

Florida Notaries with complaints
http://blog.123notary.com/?p=1870

A list of things that rude notaries do
http://blog.123notary.com/?p=2198

Bad notary reviews and the law on the internet
http://blog.123notary.com/?p=18866

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

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February 15, 2011

Cross-out happy; Not a good idea

Some lenders allow cross outs. Others will fire you after the first cross out. Some signing agent courses recommend that you cross things out without a second thought. Others don’t. Even our loan signing course teaches you to cross out wrong dates in the right to cancel document. But, if you work for Provident or other lenders who don’t allow cross outs — you’re fired! Gulp?

Don’t worry, just read the instructions. Many loans have an instructions sheet. If there is no letter of instructions, then ask before you cross, okay? Don’t assume that you can just cross anything out. First of all, remember the golden rule of cross outs. Don’t cross out unless: (1) you have permission and (2) it is a last resort.

What about the 1003? The 1003 loan application has endless wrong information. It is my personal belief that the clerks they hire are required to make endless mistakes — otherwise they will be fired on the spot. If they get your social security number right they will be laid off immediately, right? In any case, the 1003 is not binding in the loan, but has to be sent back signed. Borrowers whine endlessly about this carelessly prepared document. What is the solution? Cross out and initial? Hmmm. Not sure…

My take on the 1003 is that you will cost yourself 30 minutes of wasted time if you call your contact person about anything, so don’t call unless you really need to. Otherwise you will never get out of the signing. If the lender allows cross outs, you will not endanger your loan by crossing out in the 1003 or for wrong dates on the right to cancel. If the lender doesn’t allow cross outs, then don’t do it.

Trick question

Q. What is the only document the is in a completed loan package that REQUIRES cross outs?
A. Acknowledgment certificates require the notary to cross out the his/her/their, etc.

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January 6, 2011

The Notary can be named as a suspect if their record keeping is flawed

Filed under: Notary Mistakes — admin @ 1:07 am

I test Notaries by phone daily to see if they are fit to be on my site. The results of the testing are that I have to accept people who shouldn’t be Notaries just because I’m desperate for people in certain remote areas. However, bad Notarial record keeping is not only a headache for me during testing. It is dangerous for society and for the Notary as well. Failing to keep thumbprints makes it impossible for the FBI to catch identity thieves. ID’s can be falsified, so without hard evidence like a thumbprint, you cannot catch the bad guys. However, there’s more.

When the FBI interviews a Notary during an identity fraud case, the Notary is considered a suspect. After all, they were involved in the transaction. You might not think of yourself as a suspect, but the Feds do, because it would be easy for you to be involved, especially if you don’t keep your books correctly.

If your books are filled out with one journal entry per person per document, and each entry is signed and with a thumbprint — that is thorough bookkeeping. Less than 10% of Notaries nationwide keep their journal completely correctly. Here are some ways you could make yourself look more suspicious and perhaps end up in court for a long time.

1. If you put multiple documents in each journal entry, the signer or FBI could claim that you added extra documents AFTER the signing to defraud the signer. You cannot prove that you did not add those documents after the signing, so your hands are tied. This is why you have the signed sign off for each document which you cannot do unless there is a separate journal entry for each document.

2. If you put “loan docs” in a journal entry without specifying the exact names of the loan documents in separate journal entries, you could be accused of forging signatures on additional documents. Since you didn’t record which exact documents you notarized, you could claim anything and there is no evidence one way or the other to prove your innocence.

3. If you use one journal entry for more than one signer you create a mess as multiple signers would have to sign a journal entry where their ID information probably would not fit.

4. If you simply do not keep a journal as it is not required by law in your state you could be easily considered a suspect in identity theft and would have zero evidence to prove your innocence.

5. If you keep proper journal entries, but refuse to thumbprint the signer on a Deed or Power of Attorney (serious documents that affect people’s lives and property) you could be accused of concealing the signer’s true identity if they used a false identification card forged in China ($200 market price by the way.)

6. If you think an ID is the real person because the ID looks like him. Consider that in Iraq, ISIS kills people and sells their passports to other people who look similar for about 1200 Euros.

7. There are corrupt people at the DMV who make falsified driver’s licenses which look real because they are real, but with falsified information. Those bad people normally get caught eventually, but have a good run for a while creating all types of chaos in society. Many were charging $500 for a false ID so I heard.

If you keep proper journal entries and thumbprints, it will be more clear to investigators and judges that you take identifying signers very seriously and cover your tracks in case there is any hanky panky. ID’s can be forged, but you cannot forge a thumbprint unless you wear a latex pad on your thumb with someone else’s prints which the Notary would easily detect. Cover your tracks, and your court cases will be dismissed faster based on the experiences of the Notaries on our site!

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You might also like:

Compilation of posts about Notary fraud
http://blog.123notary.com/?p=21527

10 risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

What entities might want to see your journal?
http://blog.123notary.com/?p=20902

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October 27, 2010

Stories of notaries that fail and what they did wrong.

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

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August 2, 2010

Typical things notaries do wrong

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

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