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March 21, 2012

Background Screening for Notaries?

Background Screening – who needs it?
 
Notaries are never quite sure whether background checks and background screening are an important part of the industry, or just a way for the agencies who provide it to make more money.  The state and DOJ screen you when you become a notary, right?  You can not be a felon and still be a notary, right?  So, why a redundant background check?  Does it make the signing companies feel better? Do they even want it?  The reality is that few companies ever ask notaries for background checks, but a few do.  How much work will you lose by not being background checked?
 
In California or Out of California – it makes a difference
If you are outside of California, aside from getting more inches of rainfall per year, the standards for becoming a notary are different.  California has been more stringent in commissioning notaries for more than a decade, than other states in the country.  After 2005, it got even harder… a lot harder.  Its now very difficult to become a California notary public.  The test is murder, and then you need to get live scan fingerprinting (last I checked — and this is always changing), and checked by the DOJ and the FBI, and in some counties of California maybe even the KGB.  Okay, maybe not the KGB, but I’m trying to illustrate how picky things are here.  Nobody who is the least bit sketchy or questionable will be able to become a notary, unless they didn’t get caught yet.  But, what about other states?  The rules change from state to state. It is possible that many states are very lax about background checking their notaries, and in those states, maybe the NNA should background check notaries!
 
A popular topic on the forum
Background checks are a very popular topic on the forum simply because there is so much confusion and emotion tied to the subject.  There is nothing notaries hate more than having to do something redundant.  Personally, I do redundant things daily, and I don’t mind providing I’m getting a benefit from it.  Others don’t see it the way I do based on these blogs. 

You might also like:
If you visit the forum and use the search box you can look up many more strings about background checks, but these are the strings that I thought you would like the most!
 
Question 13: Background Checks
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2673
 
Background check standards 2010
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4035
 
2nd Background check by Service Link
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4007
 
Nations Direct and Background Checks
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3518
 
Background Screening?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=328
 
Its back, background check requests
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3442

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March 15, 2012

Electronic Notary Journal Information

Electronic Notary Journal Information 

It is legal and possible to become an e-notary (electronic notary) in many states.  All electronic notaries need an e-journal or electronic journal, and e-seal (electronic seal), and online e-documents to notarize.  Please note that personal appearance of the signer is required, so you can not do any remote notarizations using this technology according to current notary laws in 2011 / 2012.
 
The NNA used to be one of the most robust organizations at promoting e-notarizations, but they abandoned their ENJOA electronic journal program back in 2009.  They might still have information about where to point you, but it is unclear at this time.  Although the concept of e-notarizations and e-notaries is very interesting, hardly any notaries are actually commissioned to do this type of work.
 
Here is a site that sells Notary Journal Software for e-notarizations
http://www.topazsystems.com/Software/download/gemtrust.htm
 
There was another site called the notary shop, but their site didn’t pull up.
 
You are also encouraged to ask your state notary division where they recommend getting an electronic journal if you are already an e-notary.
 
Here is a list of states that we do NOT have information about in terms of e-notarizations.  We assume these states don’t allow e-notarizations.
Alabama, Alaska, Arkansas, Delaware, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Washington, West Virginia, Wisconsin, Wyoming.

You might also like:

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

10 points on eNotarizations
http://blog.123notary.com/?p=228

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February 23, 2012

Rules for Notarizing Minors

Rules for notarizing minors 

You can notarize the signature of a minor, however, their signature is not legally binding since they are under age. The minor still needs to be positively identified, so they need an identification document of some sort that is current, government issued, has a photo, physical description, signature, serial number, and expiration date.   It is prudent to document in your journal, and on the document the age and possibly the date of birth of the signer, so everybody reading the paperwork will immediately be aware that the person is under age.  Rules for notarizing  minors could vary state by state, so please ask your state notary division what their recommendations are.

It would also be prudent to take a journal thumbprint of the signer unless your state discourages such an action (such as perhaps Texas and Florida).

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You might also like:

Notarizing children
http://blog.123notary.com/?p=6947

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

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February 13, 2012

Certified Signing Agent – what does it mean?

There are different signing certifications out there.  There are NNA certified signers, 123notary certified signing agents, and many other agencies have a similar type of test and certification.  But, what does it all mean? 
 
NNA certification is famous, and people think that they are a government agency.  You can learn a lot from the NNA certification process. It is a good use of your time.  My personal opinion is that the test covers much more information than you will ever be able or authorized to use, and that it lacks focus as a result.  I feel it is better to focus on what you will be using daily and to be good at it which is a daunting task for most notaries — believe it or not!
 
123notary’s certified signing agent process
Most NNA certified signers do not want to take another test, and they don’t take ours seriously.  What they fail to realize is that they should not take the test because they like our test.  They should take our test because the visitors to 123notary WILL NOT HIRE THEM as a first choice unless they are certified by us.  Our test is short, not expensive, and to the point.  It is also timed which makes it less popular with the notaries.  A timed test is harder to pass, and that means that you really have to know your stuff and be able to function under pressure.  Most of us can not function under regular circumstances and fall apart under pressure. This is how we separate the ladies from the girls, etc.
 
History of the 123notary certification test
We used to give the test over the phone.  We didn’t have money or technology in those days.  Notaries would say, “Ummmm, ahmmm, I know this”, and think for two minutes when we asked them simple questions about what information is where.  If you have to spend long amounts of time thinking in front of a borrower, they will think that you are an unprofessional idiot, and they will be right.  If you can pass our timed test, that proves that you are motivated, smart, can think under pressure, have a little bit of money, and know your basics.  Passing our test doesn’t mean that you know the subtleties of the profession, but most notaries have enough trouble with the basics which is why we place very little emphasis on the more sophisticated points.
 
Whose test do I take?
Want to be a loan signing agent?  You need marketing.  If you want to advertise with the NNA, then pass their test. If you want to advertise with 123notary, then pass our test.  Get certified by whichever agency you plan to be with — on their jurisdiction (their site).  It is similar to different state laws.  If you are in Ohio, get commissioned by the Ohio notary division, and if you are in Montana, then get commissioned by the Montana notary division.  Don’t tell the Montana notary department that you are ALREADY certified by Ohio, because they don’t want to hear that.

 123notary certified loan signing agents get 3x the business
We tell our clients that they will get 3x the business if they get certified by us.  Our statistics demonstrate this fact.  The smarter notaries get with the program and just do what is necessary, but we get a bunch of arguers who want to spend two hours convincing me that they don’t need the test.  Don’t tell me — tell the hundreds of visitors to our site who refused to call you because you don’t have the certification icon next to your name!

You might also like:

123notary certification gets you more clicks
http://blog.123notary.com/?p=22496

Elite certification will benefit you for the rest of your life
http://blog.123notary.com/?p=20770

Compilation of certification posts
http://blog.123notary.com/?p=16264
 

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February 9, 2012

Notary Business Names

Notaries often ask me, should I use a business name?  Do notaries need to register as a business?  Does a notary public have to get a business license? The answer is yes.  Any business, including a home-based notary business needs a business license, otherwise, you might be operating illegally. For a notary to get a business license is not hard, just contact your county clerk’s county recorder office and ask them what the procedure is.  It is generally under $200 and the paperwork is not difficult.  Getting a fictitious business name for your notary business can also be the prerequisite to getting a bank account with your company name on it!
 
But, what to name your notary business? Too many notary businesses have similar sounding names, and they all become one big blur.  We wrote a blog entry all about signing company names which sound similar which is a fun blog entry to read.
 
Yellow Page Names
It is common for notaries advertising in the yellow pages to want to show up at the beginning of their section.  Names like A1 Notary, AAA Mobile Notary, AAAA Traveling Notary, and Aardvark Notary are common. Unfortunately, your clueless customers will get mad when you are not the auto club and tell you to change your name!!!  It happened to me, I know.
 
Glamour Names
Then, there are those who want the glamourous names like Royal Notary, Elite Notary, On Time Notary, and other vanity names.  You could capitize on a character trait such as Integrity Notary, Rapid Notary, or Honest Notary.

 Geographic Names
Geographic names are very good for website optimization.  If your business name is Glendora Mobile Notary Service, then your website will show up very well for local keywords. 
 
 
Personal Names
We have one client who’s business name is Ellen the Notary.  That is easy to remember and very personable too!  Johnson’s Traveling Notary is another example of a personal type of a notary business name. Sam’s Meandering Notary is yet another.

 Unique Names
But, what about more unique sounding names?  I generally recommend either geographically recognizable business names or unique ones. A confusion between your business and some other business with a bad reputation can be crippling!  If it were me, I would really put a few weeks of brainstorming and asking your friends to find that perfect name for your notary business. After you have narrowed it down to a few names, reflect carefully to select the ideal name as you will be stuck with it for a very long time!
 
You might also like:

Compilation of posts about Notary business names
http://blog.123notary.com/?p=21760

Comedic slogans for Notaries listed on our site
http://blog.123notary.com/?p=20410
 
Deceptive identities – Signing Companies with Similar Names

7 ways to use Facebook to market your notary services
http://blog.123notary.com/?p=5396

Business cards for mobile notaries
http://blog.123notary.com/?p=36

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February 8, 2012

Can a notary notarize a birth certificate?

Can a notary notarize a copy of a birth certificate? 

Notaries are advised to stay away from notarizing copies of vital records including birth certificates, marriage certificates, and death certificates.  The state and/or county clerks are in charge of vital records.  Just politely decline when asked to notarize a signature on a birth certificate.  These types of vital records must be certified by the county clerk in the corresponding county.
 
No place to sign!
Additionally, there is no place for a signer to sign on a birth certificate, so how can you notarize a document without a signature?  Conceivably, you could draw up an Affidavit that claims that the copy is a true and complete copy of the original birth certificate.  The signer could sign that affidavit, and you could notarize the signature on the affidavit and give them a quick oath. But, this is not legal in many states in conjunction with a birth certificate.

 What should a notary do?
As a notary, you should know the name of the document that is to be notarized BEFORE you get in your car.  Imagine driving 45 minutes in traffic only to find out that you are going to be asked to notarize a birth certificate. Have fun getting your travel fee in that case when you tell the client, “no can do”. 
 
Fetal Death Certificates?
I never knew this existed until I read someone’s reply to a forum post about notarizing (or not notarizing) birth certificates.  I never knew there was such thing as a fetal death certificate.  How can you give a certificate to someone who has not yet been named?  Do souls have an SKU number?  Was the fetus mature enough to have been infused with a soul yet?  When you study spirituality, you start asking questions like this!  On a brighter note, the fetus will be reincarnated, and won’t suffer much according to a colleague who specializes in past life regression!
 
Refer them to an Attorney
When asked to do questionable or illegal acts, just refer your client to an Attorney so that they can get a professional answer.
 
 
You might also like:
 
Can I notarize a birth certificate – forum discussion http://www.123notary.com/forum/topic.asp?TOPIC_ID=3924

How to get something notarized that doesn’t have a signature
http://blog.123notary.com/?p=4695

The chicken & egg: Birth Certificate problem solved
http://blog.123notary.com/?p=3474

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February 3, 2012

Must a thumbprint accompany a notarized document?

Filed under: Legal Issues,SEO,Technical & Legal — Tags: , — admin @ 9:38 am

Must a thumbprint accompany a notarized document? 

To deter fraud in notarizing, thumbprints are sometimes required by law in certain states, but are always a good idea.  California notary law stipulates that the notary must take a journal thumbprint when notarizing signatures on powers of attorney or deeds effecting real property such as Grant Deeds, Quit Claim Deeds, Mortgages, Subordination Agreements, etc.   Other states have their own rules.  Texas has some rules restricting the use of thumbprints, but I don’t know enough about those restrictions to comment.
 
Prevent fraud
As a general rule, if the notary public you use takes a journal thumbprint (many do not bother with this or even own a thumbprinting pad), you have more security.  The thumbprint is proof that nobody faked an ID and pretended to be you, or forged your signature.
 
Serious documents should have a thumbprint
If you are having a serious document notarized, you might ask ahead of time if the notary carries a thumbprinting pad.  They are two inches in diameter and weigh about half an ounce, so it is not a burden to the notary, assuming he/she is prudent about notarizing (that is assuming a lot).
 
Does the thumbprint go on the actual document?
I have never heard of a procedure which requires a thumbprint on an actual document, but it is not a bad idea. You could neatly put it to the right of a signature and document which thumb was used from which individual.  If you are missing a thumb, you can use the other thumb or a finger, just document it somewhere.

You might also like:

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

Notice to title companies about thumbprinting
http://blog.123notary.com/?p=19453

Identification and thumbprint requirements for notarizations
http://blog.123notary.com/?p=4299

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

Notary thumbprints can save your neck
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4939

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February 1, 2012

Do I notarize every page of a document?

Do I notarize every page of a document? 

As a notary public, you notarize signatures on documents.  Generally, signatures are on the last page of a document, and there is some notary certificate wording below the signature section. If there is no notary certificate verbiage when you are notarizing, then you can attach a loose notary certificate with the official notary wording from your state.
 
What if the signature is in the middle of a multipage document?
With longer documents such as affidavits of support, living trusts, and other long documents, you are likely to see a signature in one of the internal pages of the document, and maybe another signature at the end of it, but not necessarily on the very last page.  Where do you attach a loose certificate if a signature is in one of the middle pages of a document?  It is normal to add notary certificates at the end of the document.  It is prudent to indicate on the certificate the page number of the document that has the signature you are notarizing with that particular certificate form.  Other notaries might use one certificate form to notarize all signatures in the document.  Which way is correct?  That is hard to say, but it is cleaner, if you have a separate notarization for each signature on a document that requires multiple signatures from the same person.  There might be separate agreements inside the same long document, making them more like separate documents that have been connected.
 
You can not notarize every page of a document.  However, you can use an embosser seal to make an inkless raised impression in all of the pages of a document you notarized, to safeguard from pages being switched after the fact.  This is a very prudent practice and I recommend it.

You might also like:

Notarizing multi-page documents
http://blog.123notary.com/?p=1706

Can I sign on a different day?
http://blog.123notary.com/?p=2457

Can a notary help draft documents?
http://blog.123notary.com/?p=2047

Sending loose certificates is illegal
http://blog.123notary.com/?p=2470

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January 12, 2012

Backdating from A to Z

Backdating from A to Z for Notaries 

Backdating is the act of putting a fraudulent date on a notarial certificate such as an Acknowledgment Certificate or Jurat Certificate, etc. Backdating is illegal and you can lose your commission, and perhaps face fines or even jail time if your crime is serious enough.
 
It is common for Lenders, or people who work in Title offices to have to close a loan by a particular date, or they will lose their lock and lose the interest rate that was agreed upon.  If the loan MUST be signed by the 5th, but there was a delay in getting the paperwork ready, or the notary couldn’t come until the 6th, then the notary might be asked to backdate!  Gulp!  You will feel pressured to do it to keep the client happy. You will/might lose your pay, and the client if you don’t do what they want — but, if you comply, you could get into legal trouble which could ruin your career or life, and perhaps your afterlife as well.  So, what are your priorities?  Do you want to oben the law and lose a client, or risk it all for a bunch of nitwits who don’t have their act together?
 
If a loan is signed on the 6th, and the journal entries for the signatures on notarized documents are on the 6th, then the date that goes in the journal and the 6th, and the date that goes on the notary certificate wording is also the 6th.  If the signing is close to midnight of the 6th, then you might be able to legally date it the 7th if part of the notary procedures went past midnight.  

Please keep in mind that the document date might be the date of the signing or earlier. The document date can be whatever the document drafter chooses, and it serves little purpose other than to identify the document and distinguish it from other similar documents.

You might also like:

Notarization Dates, Document Dates & Signature Dates!
http://blog.123notary.com/?p=2421

Seal Forgery — it happened to me!
http://blog.123notary.com/?p=724

She lost a great account because she didn’t want to backdate
http://blog.123notary.com/?p=22229

What is a document date?
http://blog.123notary.com/?p=21431

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January 11, 2012

Rude notaries?

Filed under: Etiquette — Tags: , , , , — admin @ 12:56 am

Rude notaries? 

At 123notary, we have 6000+ notaries on board, and we talk to most of them at one time or another.  We take pride in how dedicated and professional our notaries are.  Our notaries answer emails promptly, and have a high rate of answering their phone.  But, once in a while we will get a complaint of rudeness.
 
Who are these rude notaries?
Rudeness is a two-way street.  Most of the time, if a notary is accused of rudeness, the borrower or signing company was unreasonable with them or harrassed them.  Is it the notary’s fault?  In my opinion, a professional should try to maintain their cool at all times.  The defining line that separates the men from the boys is how well you handle a difficult situation with finesse.  Can you calmly handle a difficult client?  Can you smoothly work your way through a difficult situation?  Can you keep your cool when others around you are screaming?  Its difficult to know what to do when a notary is accused of being rude.  I usually keep these incidents off the record, and only in my private records.
 
Incomplete information?
What bugs me the most, is that when I get a complaint about a rude notary, I  only see text such as, “The notary was rude”.  My question is, what did the notary say?  What did you say to them first to provoke this reaction?
 
Notaries who hang up on clients.
We get regular complaints that the notary hung up on someone.  Was the client rude? Did the notary have a cell phone that routinely drop calls?  Was the notary just being a jerk?  Sometimes clients call after hours and the notary doesn’t want to be bothered. 
 
Antagonistic emails
Be careful with this one.  Nobody can remember what you said, other than the fact that it was polite or rude.  However, if you write a rude email, it can be forwarded to me — and that is proof that you really are rude!
 
Threatening clients with lawsuits
When a notary and a client get in an argument, some notaries quickly start threatening clients with lawsuits.  This is really unnecessary and rude.  It reflects poorly on us and on you.   You should not threaten someone with a law suit unless you have serious damages which you can prove.
 
Criticizing the company you are working for.
If you work for a signing company, its not good manners to criticize them or their borrowers. If they are horrible people, just don’t work for them anymore!  If the borrowers are horrible, just try to put up with them.
 
Summary
99% of our notaries are fantastic, and this blog entry doesn’t apply to you. If put in a difficult situation, try to be polite and then refuse to work for the difficult company again!  Don’t criticize people (even if they deserve it), and don’t write threatening emails.  Just do your job, and go home!

You might also like:

What to say and not say: minimum competency guide
http://blog.123notary.com/?p=4337

Borrower etiquette from A to Z
http://blog.123notary.com/?p=2995

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