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January 29, 2018

Journal abbreviation keys

Filed under: Journals,Technical & Legal — admin @ 12:50 am

Many people take the easy way out with their journal. Journal keeping is seen as just an arduous task with no higher meaning. Many people feel that they can do a shoddy job doing their journal since it is not required in their state. However, if you are in front of a judge you need a clearly filled out journal whether your state requires it or not.

Many Notaries use the check box journal. I recommend against this. The check box journal says, “E&O” as one of the names of a document. If the real document says, “Errors and Omissions Compliance Agreement” that is a completely different document. E&O is an abbreviation for the first three words, but what about the last two words? Don’t take liberties.

Then there are other Notaries who just write, “10 Grant Deeds.” If you are ever in court, you need to know which Grant Deed is in question and if you really notarized it. Keeping escrow numbers, names of parties involved and addresses helps to narrow it down.

DOT could be a good abbreviation for Deed of Trust. However, if you are in court years later what will the judge say? What if you have bad handwriting and use abbreviations?

My philosophy is to keep an abbreviation key in the inner cover of each journal you use. I had 70 journals in my career so I could have a lot of keys. You can have a key that says:

DOT = Deed of Trust
AFF = Affidavit
E&O Comp Agree = Errors & Omissions Compliance Agreement.
Corr Agree = Correction Agreement.

This way you have a system that is documented just in case.
Or, just write the entire name of the document out. Or you could only abbreviate Deeds of Trust since they are so common and not abbreviate the others just to keep reading the journal more straight forward.

The worst thing you can do is to write, “Loan Docs.” When you put the names of documents in your journal, each document is legally separate, and the fact they are part of a package does not make them legally all have the title, “Loan Documents.” Each document has a name that must be entered in your journal if you notarize it.

You might also like:

Here’s why you should keep a journal
http://blog.123notary.com/?p=22543

Detective seizes a journal and complains about a blurry thumbprint
http://blog.123notary.com/?p=22237

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

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December 19, 2017

Do you keep a journal to please your state, a judge, the FBI, or 123notary?

Filed under: Journals,Technical & Legal — Tags: , , — admin @ 1:20 am

Most Notaries do not keep a journal because their state doesn’t require it. This is a mistake. Your journal is your only evidence in court. Many Notaries who list with us end up in court. However, since most of our Notaries keep some sort of journal records, their time in court is normally just a visit to the judge’s chambers where the judge might dismiss the case due to good evidence provided by the Notary.

Some Notaries keep a journal, but do so in a fashion I call minimal, where they do not keep the book according to NNA best practices and do not record thumbprints. Since their law might not require any journal, the Notaries often figure that they are already doing more than necessary so why do the maximum?

The answer is that your journal thumbprint which most of you refuse to keep is the ONLY way a judge or investigator can figure out who the signer is in the case of a falsified ID given to the Notary. You don’t know if an ID given to you is real, fake or falsified. But, the thumbprint is real. So you accept ID that can be falsified but refuse to take ID which is genuine — stupid! Take both.

The bottom line is that the real reason you should keep a journal is NOT to please your state (although you must uphold the laws of your state.) California is the only state I have ever heard of who audits people’s journals. If you live outside of California, the chance of your state ever seeing your journal is minimal. However, it is very likely that a judge, an investigator, or the DOJ might need to look at your journal in the case of identity theft. So, keep your journal with the intention of making their lives easier AND making sure that they don’t consider you to be a suspect! Keeping inadequate journal records is suspicious, do don’t be shoddy — be thorough!

Additionally, Jeremy (that’s me) at 123notary is sick and tired of Notaries who are shoddy and don’t keep good records. Keeping a journal is not good enough. You must keep one journal entry per person per document and thumbprint for serious documents such as deeds to please Jeremy. Jeremy wants investigators to be able to catch bad guys, so if you deny them the critical piece of evidence (a thumbprint) to catch the bad guys, then in my opinion — YOU are a bad guy! I would personally throw you in a lion’s den for not keeping a thumbprint if I could have it my way. But, I am not in charge of the world — I’m only in charge of my site.

So, if 123notary gives you a little phone quiz and asks you some questions and we find out that you don’t keep your journal correctly we will deduct points from your score. If we find out you make excuses for your abhorrant behavior, you lose even more points. Why act like a disobedient third grader when nothing prevents you from keeping good books! Only you can prevent forest fires and only you can provide the missing link to catching identity thieves — so do a good job otherwise you will get into a little trouble with 123notary. But, your state won’t care because states other than California don’t seem to take the Notary profession at all seriously! Food for thought!

Summary
Don’t keep your journal to please your state. In real life they will never see it unless you live in CA. Keep your journal using the best practices possible to please a judge, jury, the FBI, KGB, the Mossad, and Jeremy from 123notary. I will penalize you if you don’t keep good books as that reflects poorly on my reputation!

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You might also like:

Notary Public 101 – Journals
http://blog.123notary.com/?p=19511

Do you keep a journal? Don’t wait until you get a call from the FBI.
http://blog.123notary.com/?p=19377

How many journal entries do you use for two signers on three documents?
http://blog.123notary.com/?p=19391

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December 5, 2017

If you’re named as an identity theft conspirator, it could cost you $20,000 in legal fees

Filed under: Technical & Legal — Tags: , , — admin @ 1:19 am

If you are named as a conspirator in an identity theft ring or identity theft case, you might be looking at some serious legal costs. Being a Notary is not safe, especially when you refuse to keep your books correctly (oh, but my state doesn’t require me to.) Excuses will not get you off the hook when you are a suspect in an identity theft case and when your journal doesn’t has a fake ID documents and no thumbprint (oh, but my state doesn’t require me to). Your state’s shoddy lack of requirements could cost you $20,000, but only if you choose not to keep proper records. Your state is not forbidding you from keeping good records. They just don’t require good records. It might be fun to just stamp things without keeping a record of what you did. But, the fun will go away when you are named in a law suit.

Legal costs might only be a few thousand, but could be as high as $20,000 in a worst case scenario.

Keeping a journal properly with:
1. One entry per person per document… i.e. if two signers each sign five documents that is ten journal entries.
2. Keep journal thumbprints as that is the only way the FBI can catch frauds if a fake ID is used (in many cases.)
3. Keeping additional notes about the signers might help in court such as mentioning tattoos, a nervous twitch, or anything else noteworthy.

Keeping good records is your responsibility as a good Notary whether required by law or not. Your refusal is pure obstinate and I won’t tolerate it for a minute. If you don’t understand good record keeping, the NNA teaches journal filling procedure quite well. So, consult them or risk possible legal consequences! Keeping your journal correctly doesn’t keep you out of court — it just normally shortens your time dealing with investigators and the court system to a few minutes instead of a few months. Take your pick!

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You might also like:

What’s your sign? Tricks to uncover fake identification.
http://blog.123notary.com/?p=19638

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

Do you keep a journal to please your state, a judge, the FBI or 123notary?
http://blog.123notary.com/?p=19483

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October 18, 2017

An identity fraud case in Florida with 13 defendants: 10 minutes w/a judge

Filed under: Popular on Linked In,Technical & Legal — admin @ 12:54 am

This case made the news and was going to be a Federal Case. There were 13 defendants named in this identity fraud case. The Notary had to spend a week filing out paperwork for court. Then she appeared before the judge in his private chamber. The judge spent ten minutes looking at the journal and filled out some forms and said, “Case dismissed.” The Notary did not have to go to court for a month or appear a second time. It was her journal that saved her butt.

The main defendant added a second name to a Deed and forged someone’s initial. An entire court battle just because of one forged signature. Don’t underestimate how dangerous notarizing Deeds can be, so take all the necessary precautions.

So, if you say, “But, my state doesn’t require me to keep a journal.” Ask yourself if you want to lose a month of your life trapped in court without pay.

Keeping a journal is not that hard, so don’t make a Federal case out of it otherwise you might be involved in a Federal case.

You might also like:

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

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

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

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October 8, 2017

Airline meals verses Notary Oaths & Affirmations

Filed under: Technical & Legal — Tags: , , , — admin @ 3:06 am

Have you ever wondered what airline meals have in common with Notarial Oaths? More than you think. In the old days airlines would only have one choice. The choice would normally have meat, and a few sides. Those were the good old days when women stayed at home and men supported them, and children had fathers. But, we solved the problem of children having fathers (so old fashioned and unnecessary.) Now, we are all the more wiser and realize that children do just fine without a live-in father and don’t need school prayer either. What a waste of time. Additionally, we have stopped reproducing for the most part which is another way to solve our sociological problems.

On the other hand, a preacher from Tennessee on television says, “If God goes out, then the Devil comes in… Since we have stopped prayer in school, there has been an upsurge in drugs, teen pregnancy, violence, and the list goes on…” But, I digress.

Now, you can get the regular airline meal, vegetarian, vegan, gluton free, high fiber, and about ten other choices. Singapore air even has some good Asian delicacies (yes please!) But, let’s get to the point of this article. It does have a point, right?

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AIRLINE MEALS

Let’s say that on Trans-Notarial Airlines you have two choices of a meal.

(1) THE REGULAR MEAL: which has a chunk of certified angus beef, two veggie sides and an embossed oreo plus a can of Affiant Cola. And then, there is

(2) THE VEGETARIAN OPTION which gives you the broccoli with tofu, their signature salad, corn, chocolate cake and a drink.

The problem is that the Notaries who ran Trans-Notarial Airlines thought they knew everything about notary food law, but didn’t. What the Notaries did was to offer vegetarians the regular meal, but remove the meat. The Notaries did not know that there was a vegetarian meal since they had not been trained.

Similarly, Notaries are unaware that most states have an OATH and an AFFIRMATION. The affirmation was created or invented as not to offend those who did not want to mention God or swearing. But, what Notaries often do is to administer an Oath, but remove the required Oath verbiage of “swear” and “God” as to please the politically correct and religious zealots instead thereby bastardizing an Oath rather than administering an Affirmation. The other mistake Notaries make is to only do Affirmations when legally they might (are likely to) be required to offer a CHOICE of acts.

MY RECOMMENDATIONS

Offer your clients a choice of an Affirmation or an Oath in a Jurat execution or if they want a purely oral sworn statement. It is their choice, so you have no place choosing for them. It is the same as offering a choice of the regular meal or the veggie meal rather than giving the regular meal without the meat. Where’s the beef? My opinion is that if you leave God out, the devil comes in. So, when you administer a sworn statement to me, don’t forget the God part. Without him/her, we wouldn’t even exist! And for New York Notaries, I recommend not doing Affirmations with the cab drivers because cabbies prefer to swear!

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You might also like:

Notary Public 101 – Oaths, Affirmations, Jurats & Acknowledgments
http://blog.123notary.com/?p=19500

Should you give book wording for Oaths or improvise?
http://blog.123notary.com/?p=19660

Oaths – how Notaries completely screw them up
http://blog.123notary.com/?p=19369

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August 8, 2017

What is someone signs in the wrong line in my Notary book?

Filed under: Technical & Legal — admin @ 9:57 am

We recently got a bunch of questions from newer Notaries about journals which were interesting. Here are the questions and my commentary.

1. What if someone signs in the wrong line in my Notary book?
If someone signs in the wrong line in your Notary journal, this poses a problem. If they signed above the journal entry in someone else’s entry, if it covers the other signature, that is a problem. Just cross out the wrong signature without defacing the signature that belongs there. On the other hand, if someone signs below in a blank journal entry, just cross the entire line of journal entry out and have them sign in the correct place. If you are doing a husband and wife notarization and you fill out your journal for all of the loan documents for each signer — and the husband signs where the wife is supposed to sign (but hasn’t yet) just cross out the entire entry, make a note of what happened in the journal and make a new entry for the one that got botched.

It is better to watch signers and use your finger to point to where they are supposed to sign as they will likely sign in the wrong place.

2. What if someone forgets to sign my Notary Journal?
If you are doing a notarization, you need to fill out your Notary journal BEFORE you stamp anything. Yes, you can fill out the Acknowledgment and Jurat forms before the notarization or before the person signs or swears under Oath. But, you cannot complete the notarization by signing your signature to the certificate or stamping until the person has signed your journal and the corresponding document.

If you make a mistake and forget to have someone sign your journal — call them up and go back. Get them to sign after the fact. That is better than not getting a signature at all. Tell them that their notarization could get “nullified” or not recognized if there is no signature in your book. In real life, a Notarization can only be “disqualified” after the fact if there is a formal investigation by an Attorney, investigator, Secretary of State, etc., who determines that the Notarization was done fraudulently or incompletely. So, you can scare them with this information and they will most likely be willing to sign your journal. However, don’t scare them unless they refuse to cooperate just to be polite!

3. What if I am signing two documents for two signers — how many journal entries?
Two documents that two signers will sign both of? That’s easy. That is two entries per person = FOUR journal entries. Just prepare all four journal entries with the name of each document and signer, plus all other pertinent and required information in each journal entry. Each person’s name will appear in two entries — one for each document.

Jan 1, 10am John Doe Ack Power of Attorney Address CA Dr. Lic 5553334 Exp.10-01-21 Fee… Signature Thumbprint
Jan 1, 10am John Doe Jurat Affidavit Ditto Ditto Fee… Signature. Thumbprint
Jan 1, 10am Sally Doe Ack Power of Attorney Address CA Dr. lic 1234566 Exp. 10-09-19 Fee. Signature. Thumbprint
Jan 1, 10am Sally Doe Jurat Affidavit Ditto Ditto Fee Signature … Thumbprint

You can NOT say ditto for the other signatures. Signatures must be signed. If your state law requires thumbprints on Powers of Attorney or Deeds, then do so for all entries for a Power of Attorney documents and Deeds. There is no penalty for always taking a thumbprint as it is prudent.

There is MORE… to be indicated in the journal entry than I indicated. Document Date, Notes about the signing that might help jog your memory after the fact.

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March 21, 2017

When to refuse a notarization: a comprehensive guide

Filed under: Comprehensive Guides,Popular on Linked In,Technical & Legal — Tags: , — admin @ 9:38 pm

Most clients you have will have legal requests, but from time to time, there will be someone who wants you to bend the law, or someone who doesn’t understand proper protocol. Here is how to handle the difficult requests.

Situations where a signer is not appropriate to notarize
(1) If you cannot prove the signer’s identity with satisfactory evidence. Some states allow personal knowledge of the signer, so please study your state rules. Satisfactory evidence normally involves current, or near current driver’s licenses, passports, or other government issued ID. Each state has different variations on what is acceptable, so know your state rules!

(2) If the signer doesn’t appear before you.
This means that they should be a few feet from you and fully visible.

(3) If you cannot communicate directly with the signer.
This means that the signer needs to speak the same language that you speak. If you speak the signer’s language as a second language, but don’t know it well enough to understand all of the communication necessary to give instructions and answer questions regarding the notarization, then you should decline.

(4) If the signer refuses to swear under Oath if an Oath is required as part of the notarization.

(5) If the signer is being coerced to sign or pressured to sign.

(6) If the signer is drugged (perhaps in a nursing home or hospital,) confused, or disoriented. If they can’t answer basic questions about the document, they are not in a clear enough mental state to sign.

(7) If the journal entry requires a thumbprint by law and the signer refuses to furnish you with one.

(8) If the signer refuses to pay the Notary fee

(9) If the signer is so incapacitated that they cannot sign their own signature.

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Situations where the document is not satisfactory

(1) If there are blanks, or omitted pages in the document.

(2) The document lacks a notary certificate and the signer refuses to tell you which type of notary act they need done.

(3) The document is a vital record, or a type of document that may not be notarized or be copy certified.

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Situations where the Notary cannot notarize due to conflict of interest

(1) If the signer is your parent, spouse, child, or other close family member. It might be okay to notarize for cousins and more distant relatives although it is generally better to avoid notarizing anything important for a family member due to conflict of interest.

(2) If you are named as a beneficiary in a document or have any type of financial interest in the document being signed.

(3) If you are the signer of the document, you may not notarize your own signature (contradictory to popular belief.)

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I created this blog because of a discussion I had with a Notary who went to another Notary at a UPS store to get notarized. The Notary refuseed to notarize because the signer (also a Notary) refused to be thumbprinted. I had to look this up. California state law did not discuss the issue, but did say it was illegal for a Notary to refuse service. I researched what NNA had to say about this issue and they concured with California in an article about when to say no. In any case, I hope this article was helpful.

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You might also like:

The whole purpose of being a No-tary is to say No!
http://blog.123notary.com/?p=19180

Are you a Yes-tary or a No-tary?
http://blog.123notary.com/?p=16626

Just say no #3
http://blog.123notary.com/?p=376

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March 15, 2017

Questions to ask to see if an ID is fake

Filed under: Technical & Legal — Tags: , , , — admin @ 7:58 am

As a Notary, you might run into a fake ID from time to time, but there are not so many of them out there proportionally. Most Notaries don’t bother to take a closer look at ID’s, but perhaps you should inspect each one as if it was fraudulently created.

Always inspect an ID to see:

1. There should be a physical description, expiration date and signature. If these are omitted, the ID is probably fake.

2. Newer ID’s contain raised lettering, embedded images, holographic images and microprinting.

3. A fake ID might have letters blurred together, or print that appears above the lamination.

4. Peeling lamination is a bad sign

5. See if the person’s eyebrows match. Women change their hairstyle and color regularly leaving the eyebrows. mouth and nose as more reliable features for identification.

Questions you could ask

1. You could ask the person their address or zip code.

2. Ask them their sign rather than their DOB. You can memorize a DOB, but nobody memorizes a fake sign. I’m a Leo by the way.

3. You could use an ultraviolet light to see if the perforated image looks authentic compared to a real ID (like yours in your pocket.)

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You might also like:

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

Notarized document expired identification
http://blog.123notary.com/?p=8294

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February 7, 2017

Notary Wording

Filed under: Technical & Legal — Tags: , , , , , , , , , , — admin @ 12:32 am

Notary Wording Varies from State to State
There is no official American Notary wording. Notary verbiage differs from state to state, and varies based on what type of Notary act you are having done. There are various common types of notarizations such as Acknowledged signatures, Jurats, Oaths and Affirmations. The vast majority of notarizations are Acknowledgments whose wording states that the signer appeared before the Notary, was positively identified, and signed the document.

Notary Certificates — what type of wording is included.
Your typical Acknowledgment or Jurat Certificate will include several sections with wording.

1. Venue
The venue states the state and county where the notarization is taking place. Please note that the Notary is not always commissioned in the county where the notarization is taking place. So, if you are in Orange county, but the Notary is from San Diego, please make sure they put the venue county based on where the notarization is taking place, and not where they live.

2. Boiler Plate Wording
The main body of the text could be worded in an infinite variety of ways, but normally state the date of the signing, name of the signer, the name of the Notary, the fact that the signer appeared before the Notary, the fact that the signer signed the document, and if an Oath was included (Jurats by definition have Oaths) then the fact that the signer swore before the Notary. The verbiage “subscribed and sworn to before me this (date)” is commonly used in many states especially in New York where the cabbies enjoy the swearing part more than any other part of the Notarization.

3. The Signature Section
The bottom of the notary wording or notary verbiage has room for the Notary’s seal which might mean their signature or their official notary stamp. In most states the Notary signs and stamps, or might even emboss with a non-inked embosser as a secondary form of stamp.

Types of Acknowledgments
Normally, when people want to be Notarized, they ask the Notary if they can notarize a Jurat for them. In actuality, most Notarizations are for Acknowlegments. Normally people can use an All Purpose Acknowledgment, but in Ohio, there is such thing as a Corporate Acknowledgment and Attorney in Fact Acknowledgment.

Where Can You Find Your State’s Wording?
If you visit our find a notary page, you can click on your state and find current notary wording for your state. Or Google your states notary wording. Example: “California Acknowledgment Wording.”

Sample California Jurat Verbiage

State of California
County of Lake

Subscribed and sworn to (or affirmed) before me on this 5th day of January, 2017, by Jedadiah Goldminer, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

(Seal)

Signature_______________________

Loose Certificates
Many documents have preprinted notary wording on them. However, it is legal to attach a loose certificate form using a staple. NNA is a great source for Notary certificate pads such as Acknowledgment Certificates, Jurat Certificates, and even Copy Certification by Document Custodian if you want to get fancy.

Filling out the Forms
It is common on Notary certificate forms to have sections where there is he/she/they or signature(s). You have to cross out the non-applicable word(s). If you are Notarizing a woman, cross out the he and the they and the (s). If you are notarizing a man and a woman in the same notary act, cross out the he and the she, but keep the (s). If you are notarizing a man who used to be a women — your guess is as good as mine — good luck, you’ll need it.

You might also like:

Notary Boiler Plate Wording
http://blog.123notary.com/?p=2432

Notary Certificates, Notary Wording & Notary Verbiage
http://blog.123notary.com/?p=1834

We caught a bunch of frauds using Notary Verbiage
http://blog.123notary.com/?tag=notary-verbiage

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January 31, 2017

Can a Notary be an officiate at a Wedding or marriage?

Filed under: Technical & Legal — Tags: , , , , — admin @ 12:23 am

Can a Notary perform a marriage or be a wedding officiant? There are four states that currently allow Notaries to perform weddings. A Notary can solemnize a marriage if they are commissioned in:

Florida
South Carolina
Nevada
Maine

However, there are some additional qualifications, requirements and authorizations needed from your state. Please contact your state notary division to see how you can qualify to officiate at weddings. It is common for states to accept you as a wedding officiant if you are a Priest, Rabbi, Ordained Minister, Imam, etc.

Many Notaries add being a Wedding Officiant to their list of services. It is easy to make $100 to $250 for each wedding. Just don’t show up late, your you’ll create a bad memory that the married couple will keep with them for life! Many Notaries market their wedding services on websites, web directories such as 123notary.com, or by networking. We even met one Notary who specialized in gay marriages (who ran into trouble when he tried to get a wedding cake made in Indiana.)

The Notary needs to check wedding licenses, official name changes which often accompany the marriage, and then fill out a bunch of forms, get them notarized, and then send them in the mail, or preferably by Fedex. Loan signings typically end at the Fedex box, but that is where Marriages begin!

You can Google the term, “How to become ordained” to learn more about becoming a Minister in your state. Becoming ordained is normally non-denominational, but check with your church just to see if that will affect your relationship with them.

Joke:
A Priest, a Rabbi, and Imam, and a non-denominational Ordained Minister walk into a bar. The bar tender says, “So, what will you be having?” The Imam says, “A ginger ale on the rocks. Drinking alcohol is against my religion.” The Rabbi says, “I’ll have half a glass of Manichevitz Concord Grape if you’ve got it. I can do a blessing on your stock of it at no cost either — this week only.” The Priest says, “Yes brother, I’ll have white wine and a piece of bread.” The bar tender was confused and thought it should be red wine to symbolize the blood on the cross. The Priest explained, “It needs to be white wine to symbolize the color of drapes my wife forced me to buy that I can’t stand.”

So, the Bar Tender asked what they were all doing there.
The Ordained Minister said, “We’re here to perform a marriage — I guess they double booked.”
The Imam said, “Double booked? Quadruple booked! This couple is crazy. But, this ginger ale is excellent, must be one of those boutique brands!”

Q&A
Can a Florida Notary perform a wedding?
Yes, if they have the proper license.

Can a South Carolina Notary perform a wedding?
Yes, if they have the proper license.

Can a Maine Notary perform a wedding?
Yes, if they have the proper license.

Can a Nevada Notary perform a wedding?
Yes, if they have the proper license.

You might also like:

Can a Notary perform a wedding or marriage?
http://blog.123notary.com/?p=1891

My big phat geek wedding
http://blog.123notary.com/?p=17053

Seinfeld: George’s parents get a vow renewal
http://blog.123notary.com/?p=15132

Notary Dating & Romance from A to Z Compilation
http://blog.123notary.com/?p=17451

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