(7) Signing Agent Articles Archives - Page 21 of 28 - 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

September 20, 2012

What can an e-notary do?

What can an e-notary do? 

An e-notary does more or less what a regular notary does. The difference is that the e-notary has an electonic journal and electronic notary seal and notarizes electronic documents.  Some might even have an electronic girlfriend too!  So, the biggest matter of confusion is that people don’t understand that the signer has to appear before the e-notary. It is unclear if personal appearance will always be necessary in the future though.  At one point, we read that Arizona e-notaries could notarize without personal appearance of the signer, but now they require it and the evidence of the old rule is gone!
 
The basic procedure for mobile e-notaries
So, basically, a mobile e-notary will go to a signer’s house, the signer will login to a website, sign some electronic documents, the notary will login and apply his/her e-seal, and have the signer sign the e-journal, and that is that.  You will have to visit face to face with the signer just like now.
 
Will our lives change?
It looks like we might have to lug around digital signature pads in about 20 years when this technology gets popular.  When you go to the supermarket, you are doing digital signatures right now, so you are already used to it!  It looks like our lives will not be altered in any significant ways.

You might also like:

The pros and cons of eNotarizations
http://blog.123notary.com/?p=3672

12 points on e-notarizations
http://blog.123notary.com/?p=228

Share
>

July 17, 2012

Fees at the door MISUNDERSTOOD on Facebook

Fees at the door MISUNDERSTOOD on facebook 

Tisk tisk: notaries on Facebook.  You mostly misunderstood my discussion question about getting fees at the door for signings to prevent beneficial interest. this discussion took place in Jan 2012. I was NOT talking about loan signings.  At Loan signings they pay you three or four months AFTER the signing if you are lucky, not in cash at the signing. It is very obvious that I was talking about doing a traveling notary job for an individual person.  The problem is that most of you depend solely on loan signings for your living when there are many jobs for individuals which you either don’t know how to handle or reject because you are not familiar with it.
 

A typical botched jail notary job
Let’s say you drive 45 minutes to a jail to meet the girlfriend of a criminal.  You meet her in the parking lot or in the front door of the jail.  Let’s say you don’t collect your travel fee of $50 at the door.  Let’s say that hypothetically you walk to the guard, fill out the forms, but lo and behold, the prisoner has been moved to another jail 90 miles away.  Then you say, may I have my travel fee please.  The girlfriend says, “BUT YOU DIDN’T DO ANYTHING”.  And then you say, “Sure I did, I drove 45 minutes, talked to you on the phone, walked in here, and now I have to drive 45 minutes back home, and also go to the gas station which takes more time and money.  Pay up!!!  You will get stiffed, because they will feel that they do not owe you if you didn’t quote unquote DO ANYTHING. 
 

Yet another hospital notary job
Let’s say you drive an hour to a hospital at 3am to accommodate some desperate people.  You don’t get your travel fee at the door in cash like I recommend.  You go upstairs with the signer’s son in law only to find that the signer is on morphene, fast asleep, and in no position to sign anything or even sit up.  You ask for your travel fee for your 2 hour round trip, and the son in law says, “Sorry, but I’ll pay you when you come back next time, I didn’t realize that the nurse drugged Shelly’s dad”.  You just got stiffed again.
 
This isn’t rocket science. If you work with the public, they will leave you high and dry if you don’t protect yourself.
 
3rd example… beneficial interest
Lets say you go to a notary job.  You do NOT collect travel fees up front. Let’s say that the signer’s name on their ID doesn’t match the name on the document enough for you to legally or ethically notarize them.  They say, “Oh come on — you are being unreasonable”.  They say they won’t pay you a penny unless you notarize the signer. They have you by the balls because you didn’t think ahead.  If you have the travel fee up front, then you are in control and will not be persuaded under duress to break the law so you can get your lousy fee!
 
Last example:  The law office.
You are called into a law office 10 minutes away. You are instructed to show up at 1pm for a signing. Your trip fee is $30 and your waiting time fee is $20 per half hour with the first ten minutes complementary.  Let’s say that you never collected your $30.  The attorney says they won’t be ready for another 10 minutes.  But, 10 becomes 20, and 20 becomes an hour, and then finally after 90 minutes, you finally do the signing, and then they pay you, but they won’t pay for the waiting time.  If you had gotten your $30 at the door, you could threaten to leave if they don’t pay the wait time up front for each 30 minute increment.  If you don’t have the trip fee, you have no leverage. This has happened half a dozen times to me in my notary career!

.

You might also like:

Travel fees if nothing gets signed
http://blog.123notary.com/?p=22578

What are mobile notary fees?
http://blog.123notary.com/?p=21383

Share
>

July 14, 2012

Protecting yourself with a contract

Protecting yourself with a contract 

It is common for big companies to make the little guys sign a contract with many terms for doing business. One common term is to have an arbitrator resolve issues, and the arbitrator is probably picked by the company in question — how fair!!! ……. Not!    But, how often do the little guys think far enough ahead to protect themselves?  I say that notaries need to make signing companies sign something that will protect the notary’s interests.  But, will anyone sign it out of desperation? If they like the notary enough, they might, but if you are a novice with no experience, you will not have such good luck.
 
Here are terms that I would discuss.
 
Trip Fees
If I am assigned a signing agent / notary job by your company, and travel to an assigned location, and the job is cancelled while in travel, I want a $50 trip and preparation fee.  I want $75 for jobs more than 40 miles from my house according to mapquest’s mileage estimates.
 
Printing Fees
If I am assigned a signing agent / notary job by your company , print out documents and borrower’s copies, and then your company cancels, I want a $40 printing fee.   (it might not be worth this much, but you have to factor in the hassle of billing these clowns and trying to collect).
 
Payment regardless of funding
If I am assigned a loan signing job by your company, and I complete the signing, but the loan doesn’t fund, your company must pay me $100 per signing.
 
Payment regardless of if the borrowers are willing to sign
If I am assigned a loan signing job by your company, arrive at the specified location, and start a signing with the borrowers, and then they change their mind about signing and refuse to sign, your company must pay me the entire fee agreed upon.
 
Waiting time
If I am assigned a loan signing job by your company, I will allow up to 60 minutes for the job.  If the borrowers want to read every letter of every word in every document and take in excess of 60 minutes, I require a waiting time fee of $40 for every additional 30 minutes, or any fraction thereof.
 
Late payment penalties
I expect to be paid within 30 days for all loan signing services.  If a payment is post-marked late than 30 days from the date of the signing, I will charge a late fee of $25 per signing, and then an additional $25 for each fifteen days after.  If you fail to pay this late fee, I will terminate services with your company.
 
I think that notaries are fools to just be willing to do business with anyone without even background checking them.  On the other hand, a contract like the one I drafted (written in informal language and not legalese) might be too demanding, especially the waiting time.  Perhaps a more liberal contract should be drafted, but notaries need to take protecting themselves a lot more seriously and get more professional and methodical about it.  Bigger companies almost always make you sign a contract, why shouldn’t you?

You might also like:

Getting what is due: A clever play!
http://blog.123notary.com/?p=3221

Pricing formulas & time spent
http://blog.123notary.com/?p=588

Signing Stream makes notaries sign a contract that they won’t write anything on forums.
http://blog.123notary.com/?p=13640

Notary Marketing 102 – a complete and free marketing course
http://blog.123notary.com/?p=19774

Share
>

June 19, 2012

Texas, Utah, and Virginia e-notary rules

Texas e-notary rules
http://www.sos.state.tx.us/statdoc/faqs2300.shtml#np23
Any Texas Notary Public may perform an electronic notarization.  An e-notarization must meet the requirements of any other notarization such as personal appearance of the signer.  The electronic seal must meet the same requirements as a conventional seal. All parties must agree to have the notarization done electronically.  Please refer to Texas code (law) 322.011
 
Utah e-notary rules
http://notary.utah.gov/ – please click on the 2010-2011 Study Guide section 3.
Based on the Utah Notary Handbook, notarizing of an electronic signature requires personal appearance and certification of a signature made voluntarily.  No other information was given.
 
Virginia e-notary rules
We are including this information on separate post.  Please visit the link below to see that information. The information we have about Virginia e-notarizations is by far the most thorough that we were able to find for any state in the United States. Please see Virginia e-notary rules for more information.

You might also like:

The pros and cons of eNotarizations
http://blog.123notary.com/?p=3672

What can an e-notary do?
http://blog.123notary.com/?p=2706

Share
>

June 13, 2012

Florida e-notary rules

Florida e-notary rules
http://notaries.dos.state.fl.us/education/elecnot.html
The information in this link is very hard to follow or understand.  It looks like all Florida notary public applicants must be trained in notary rules as well as e-notarizations before they can be commissioned at all. I didn’t see any restrictions as to who could do e-notarizations, so I will assume (perhaps incorrectly) due to the lack of clarification that any Florida notary with an electronic journal can perform an e-notary act.
 
Here is an interesting excerpt:
“Notarization and Acknowledgment
(a) If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized by applicable law to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. Neither a rubber stamp nor an impression type seal is required for an electronic notarization.
(b) A first-time applicant for a notary commission must submit proof that the applicant has, within 1 year prior to the application, completed at least 3 hours of interactive or classroom instruction, including electronic notarization, and covering the duties of the notary public. Courses satisfying this section may be offered by any public or private sector person or entity registered with the Executive Office of the Governor and must include a core curriculum approved by that office.”

You might also like:

What can an e-notary do?
http://blog.123notary.com/?p=2706

The pros and cons of eNotarizations
http://blog.123notary.com/?p=3672

12 points on e-notarizations
http://blog.123notary.com/?p=228

Share
>

June 11, 2012

Which states allow e-notarizations?

What states allow e-notarizations or e-notaries?
 
The status of being an electronic notary is a very new and very misunderstood profession or office.  To be an e-Notary, so you can do e-Notarizations, is often a completely different type of commission in many states.  Another fact to understand is that e-Notarizations can not (or can not always) be done for Deeds or other documents that effect real property.  The biggest issue that bothers notaries about e-Notarizations is that the signer doesn’t always have to appear before the notary to receive an e-Notarization.  The first time a signer is notarized, they should appear before the notary, but in some states, the subsequent e-notarizations  may or may not require physical presence. 
 
e-Notarizations require the use of an electronic journal (ENJOA).  The signature of the signer would go in that journal.
 
An e-signing is normally done with a physical journal and done in the presence of a notary public.  The documents might be signed online, or at least most of them signed online. However, the signer woudl still appear before the notary public and sign a physical journal of notarial acts.
 
Here are the states that currently allow e-notarizations. The rules for e-Notarizations might be very different from state to state.
California, Colorado, Florida, Michigan, New Mexico, North Carolina, Texas, Utah, Virginia, and Wisconsin.

Share
>

May 29, 2012

Are webcam notarizations legal in my state?

Are webcam notarizations legal in my state 

As of 2011 & 2012, webcam notarizations are not legal in any state.  The California Secretary of State even went so far as to make an official posting on their California notary division website to specifically state that it is illegal to do webcam notarizations in California and that there was a company who engaged in this illegal notarization practice.  This illegal notarization technique was used for signings in New Jersey by the company in question.  I have not heard if those individuals doign these webcam notarizations have been arrested or what.  We actually advertise them on our website, but post information stating that their webcam notarizations are illegal in California and other states.
 
As a customer for notary services, it is your responsibility to have some basic idea about notary law, and you need to know what is illegal in this business.  Any notary job that lacks personal appearance from the signer is an illegal notarization except for a proof of execution.
 
If you want to look up your state’s notary laws, each state has a notary division website where you can look up specific notary laws particular to your state. It might be hard to sort through and the legalese is not easy to read, but you can learn a lot in a short amount of time by reading through state notary division websites. 
 
You might also like:
 
Contact information for state notary divisions

Do you accept credit cards?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3135

Being asked to backdate
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3155

e-docs — worth it or not
http://www.123notary.com/forum/topic.asp?TOPIC_ID=632

Accepting verses bidding on a job
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2306

Share
>

May 4, 2012

Notarizing your foreign language document!

Notarizing your Foreign Language Document

“The bank refused to notarize the document because it is written in Hungarian”, said the exasperated client to me. “No Problem” for http://kenneth-a-edelstein.com was my reply. There is no requirement for the New York notary to be able to read the document, none whatsoever. Consider a 765 page document regarding the sale of a Supertanker – do you think the notary will read it prior to notarizing the signature on the last page? Well, if they are not going to read all pages of all documents – why would they want to be able to read some pages of some documents? I doubt if I will ever know.

There are some interesting considerations regarding languages involved in the notarization process. But none have anything to do with the actual document. The main language requirements in New York are related to the required oath given by the notary. The notary must be able to give the oath directly (no interpreter allowed) to the person whose signature will be notarized. The person signing must be able to read the document in order to swear/affirm that the document is truthful/correct. That is the relevant language consideration – the document could be in Braille or Latvian – it does not matter to me.

Part of some NYC notaries’ refusal to handle this situation is their employer’s desire to avoid the possibility of being involved in a lawsuit. Some Manhattan banks will not notarize a Power of Attorney, some refuse a Bill of Sale – the reasons are the same; avoiding being involved in
litigation. If the notary can’t read any of the document it “might” be a prohibited (by “bank” policy) – thus all “unreadable” documents are often refused. At http://newyorkmobilenotarypublic.com that is never the case.

It is a “best practice” to prepare foreign language documents in both languages. Most times this is done by formatting the document into two columns with English on one side and the other language on the other. One advantage of doing this is that it allows the affiant to sign twice. The signature on the English side will be compared to their ID – the other language is not. Thus, it is the English signature that is being notarized – and most ID documents in this country have English signatures.

Tweets:
(1) No problem – there is no requirement for the notary to be able to read the document (written in Hungarian)
(2) The notary must be able to give an Oath w/direct communication w/affiant (no interpreter allowed)

You might also like:

Where can I find a Chinese speaking notary?

A California Notary Acknowledgment Goes to Taiwan!
http://blog.123notary.com/?p=6981

How do I get a foreign language document notarized?
http://blog.123notary.com/?p=18788

Where can I find a Spanish speaking Notary?
http://blog.123notary.com/?p=18824

Apostille Information
http://blog.123notary.com/?s=apostille

Share
>

April 10, 2012

Can a notary sign on a different day?

Can a notary sign on a different day? 

This is a tricky question and a bit vague if you ask me.  The date of a notarization corresponds to the date that the signer signs the notary journal (according to me).  Some signers will sign for an acknowledged signature a minute, day, week, month, year, or decade before the notarization, and that is legal according to California notary law, and probably in most if not all other states.  For Jurats, the signature must be made while personally appearing before a notary public.  Oaths should ideally have an accompanying journal entry, however, there is no signature on a purely oral Oath (BTW… jurats are used with written statements that have an accompanying oath).
 
So, in all types of notary acts, the signer should ideally sign the notary journal, and the date and time when they sign the journal establishes the notarization date.  Please keep in mind that a signing where the signer signs the document at 11:59pm and signs the notary journal at 12:01am the following day could be dated either day, but I prefer my golden rule of dating the notarization when the journal is signed.
 
The document date can be the date of the notarization or before, but is generally not after.
The signing date for an acknowledged signature can be the date of the acknowledgment or before, but never after
 
So, there are three dates that might concern the notary.  It is a crime to backdate a notary certificate, but putting a previous date in the certificate wording. It is also a crime to post date the date in the certificate wording.
 
So, what does it really mean to ask, “Can a notary sign on a different day?”
 
If the notarization takes place on Monday, where the signer signs the document by Monday, and signs the journal on Monday, can the notary seal and stamp the certificate wording on Tuesday if the notary has possession of the document?  This is not recommended, and is neglegence. However, if the signing was a late night signing on Monday, and you sign and affix your stamp to the document in your possession early Tuesday morning, that is still unacceptable, but sounds less unreasonable than letting it slide 24 or 48 hours!
 
So, the official answer to the above question is — NO!  Sign the certificate within a minute or two of when the journal is signed if humanly possible.

You might also like:

Can you notarize a Birth Certificate?
http://blog.123notary.com/?p=2300

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

The John and Sally question revisited
http://blog.123notary.com/?p=20180

Document dates, signature dates, rescission dates and transaction dates
http://blog.123notary.com/?p=20189

Share
>

March 23, 2012

Notarization Dates, Document Dates & Signature Dates!

We had this question as a Facebook competition question. It was fun, but we got too many wrong answers which is a little bit disconcerting.  There are different dates you have to be aware of as a notary. Some are more important than others, and each date has its own function.
 
Signature Dates
The date the signer signs the document is the signature date of the particular signature.  There are cases when a husband and wife will sign the same document, but on different dates.  People are busy, and two notaries could handle the same paperwork on two separate days with two separate signers.  Those split signings are tricky, and are more likely to have to be redrawn.  But, just as long as you get paid, don’t stress!
 
Notarization Dates
The date you notarize someone’s signature is the notarization date.  The date corresponds to the signature, not the document.  A document could be signed by more than one party on different dates.  Or an addendum could be added and signed on another date as well.  Its complicated.
 
Document Dates
This is the question that 90% of the notaries got wrong.  I had very few choices of contestants to put in the drawing to win Starbucks!  The document date is NOT necessarily the date the document was drawn up, although it usually is.  It generally should not be dated after the signing to avoid confusion.  It is often dated the day the signing is intended to happen on, and is often dated the day it was drawn, or sometime in between.  There is no rule governing when the document date can be.  The function of this date is to be an identifying mark on the document to distinguish it from other documents.  Of course, if you have ten documents all entitled, “Affidavit“, to be signed by the same two parties, and all having the same document date, it really doesn’t narrow it down.
 
Your Journal
If you live in a state that doesn’t require journals, please don’t read this paragraph.  Actually, do read it, and get a journal anyway.  Your journal of official notarial acts is your record of all notary acts that you have done in your commission. It is evidence if you ever have to go to court, or if you are ever questioned about a particular act. It adds to the integrity of the notarization and safeguards against fraud, especially when you take thumbprints for all documents (optional, but recommended).   If a fraudulent notarization takes place with someone impostering you, without your journal, you will never have proof that you didn’t notarize that person. Journals keep records in sequential order, so you can go back to July 3rd, 2003, and see that you indeed never notarized Shelly Deeds and her Deed.
 
Backdating
In your career, you will most likely eventually be asked to put a fraudulent date on your notarial certificate which is refered to as backdating. This is illegal, and you can lose your commission as a result, if you get caught.  A lender might need you to date the certificate for the 27th, when its the 28th, so that the borrowers can keep their lock. Its their problem, don’t get involved.  Lose the client and keep out of jail! Please see our blog article entitled “Backdating from A to Z

You might also like:

A lady lost a great account because she wouldn’t backdate!
http://blog.123notary.com/?p=22229

Leave a few spaces open in your journal

The transaction date = the signature date: Feb 2013 Phoninar
http://blog.123notary.com/?p=4054

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

Share
>
« Newer PostsOlder Posts »