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January 3, 2011

A Notary Union — how would that work?

One Notary wanted a Notary Union. But, would a union help? What would happen? He wanted rates fixed at $150 per signing. It’s not legal to fix rates and $150 is too high.

Contracts
Signing companies would have to sign a contract with the union if they wanted to get some of the better veteran signing agents. Most or many veterans would join the union. The companies that hired union Notaries would only be able to hire union Notaries, and with a long term contract at ridiculous prices. Meanwhile the non-union signing companies would be able to hire anyone who wasn’t a union Notary. The problem here is that Title companies are only willing to pay so much. And if the union had a meeting where they were going to raise their rate to $160 per signing, they would virtually put the signing company out of business.

This is similar to what happened with car manufacturers and manufacturing in the Midwest which moved permanently to China leaving the union guys without a job at all. Unions helped certain Midwesterners and people in other parts of the country make extra money for about two or three decades by artificially controlling market conditions — and then the mother companies discovered a place called Asia and the party was over which led to mass unemployment.

Union Fees
Notaries would have to pay union fees, and go to union meetings. Very few Notaries make it to the NNA annual conference, so how will they make it to meetings? Notaries have so little money already, how will they pay fees? Most are not even full-time?

Corruption
Unions basically give privelege to a few of the workers, but do not help workers as a whole. In Boston in the 1980’s, certain more established classes of workers gained privelege to union jobs while Blacks and Puerto Ricans were generally left out until affirmative action became more prevelant. There is also a lot of power politics going in within unions for control. To me, unions are mafia-like power grabbing organizations which force companies to pay an elite group of workers above market level wages. This leaves those without social favor out of the picture and bankrupts companies in the long run. In the long run unions lead to unemployment, unfairness and misery.

The Solution
So, what is the solution to unfair wages? Markets! Fair and open markets solve all wage related problems. With open markets you get paid what you are worth. The problems the Notaries are facing these days is that there are lots of unskilled people who can do Notary work. They might not do a good job, but they can function with guidance. The skills of highly skilled Notaries are no longer valued like in the old days, and that is why the market hires too many unskilled Notaries and doesn’t pay the worthwhile Notaries enough — at least until signing companies come to their senses.

The Cause of the Problem
Part of the reason this is the case is because there are SO FEW highly skilled and reliable Notaries, that you can’t base your business model on only hiring the best. You might get a few “best” notaries, and the rest will be slouches! That is not a consistent business model. Most Notaries on 123notary just don’t know their documents, don’t know what information is where, and don’t know what to do if there is trouble. Most of our Notaries make a lot of claims of how good they are, but really only 250 Elite Certified Notaries on 123notary are hot stuff in my opinion. Those ultra-experienced and highly educated stampers are worth $150 per signing in most cases. The “regular” 123notary certified Notaries are worth about $100 per signing (in my opinion) and the un-123notary certified Notaries are worth $50. If you don’t know anything and have hardly any experience, why should you be paid much more than minimum wage?

My issue is NOT that Notaries are not paid a decent wage. My issue is that the 250 Elite Certified Notaries on our site who merit a better wage are not usually getting it. As for the uncertified majority, the fact that you get work at all is a miracle. I personally would not hire someone who couldn’t pass my test. My test doesn’t guarantee that you are a great Notary — however, it determines that you are at least worth trying and have potential and know your basics.

If it were up to me, anyone who didn’t pass our elite test wouldn’t be allowed to do any signing agent work. After all, this is a serious profession where you routinely handle half million dollar loans. Why hire someone who is any less than highly qualified for such critical work?

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You might also like:

The Notary Union raises it’s rates and alienates its notaries!
http://blog.123notary.com/?p=19648

Minimum wage for Notaries
http://blog.123notary.com/?p=16276

How much do you merit as a signing agent?
http://blog.123notary.com/?p=19188

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January 2, 2011

Some of you people have a few screws loose.

When I ask people questions to test their competency, it is remarkable how many people have screws loose.

Repeating
When I talk to my psychic, I talk to him for an hour every week or two. I do not ask him to repeat anything in an hour. When I talk to Carmen or Adine on the phone, I never have to have them repeat anything. It is remarkable how many of my clients have me repeat myself multiple times in a very short conversation. Do they not understand the confusing technical language I am using with terms like, “Venue, Notarial Act, Acknowledgment, Journal or Affiant?” If you don’t know Notary language, time to look up some terms in our glossary. That is your jour to know!

Scrambling
Normally when I ask people, “If you have TWO people each of whom is signing THREE notarized documents, how many journal entries should you fill out.” The Notary repeats back to me, “Okay, so you have THREE people each signing how many documents?” First of all, it is two people, how can you scramble that? Additionally, they are not signing three documents, they are signing three NOTARIZED documents. If the documents are not notarized documents, you don’t need to fill out any journal entries.

That would lead me to a great trick question — if you have two signers signing three documents, how many journal entries would you need to create? None! Because the documents were not designated to be notarized!

Changing the Scenario
When I ask, “If the ID says John Smith, but the name on the signature of the documetn says, John W Smith, without changing the scenario, can you notarize the signature?” Most people immediately say they would ask for another ID. But, asking for another ID is what I told you specifically not to do, namely, changing the scenario. I am trying to test your skills on saying yes or no to questions with limited parameters, not your skill at changing the question to a completely different quesiton that you prefer to answer. Answer questions as asked or you lose points. It is not rocket science — and the answer is NO. You are a Notary, yet the word you have the most trouble saying is, “NO.”

Talking endlessly
When I ask quick questions I have thousands of people to ask. If you talk endlessly and I have to ask you to stop talking, that is a huge headache for me. Just answer questions quickly without rambling and we can finish our quiz quickly.

Sluggish
Some people take forever to think of answer to questions. The most relentless question is when I ask people which Notary Acts are legal in their state. Most people have to think for a long time. You do Acknowledgements, Jurats and Oaths daily, why is it like rocket science for you to open your mouth and spit it out? Do you not know that those are considered official notarial acts in your state or in most states? A few states don’t have an official Jurat, but they have other acts similar to it such as Verification under Oath or Affidavits or Sworn Statements.

In short, the behavior of Notaries always seems somewhat mentally impaired. Less than 10% of Notaries on 123notary can just answer simple questions without asking me to repeat, scrambling information, changing the scenario, giving round about answers, rambling endlessly or taking a lot of my time. I just want to test your competency. I don’t have all day for nonsense. Try to discipline yourself to answer questions the way they were asked because the business world doesn’t have the patience for this type of nonsense. It is purely unprofessional.

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Introducing the 2019 Notaries!
http://blog.123notary.com/?p=21147

Notarization for an exorcism
http://blog.123notary.com/?p=20948

The Notary Asylum
http://blog.123notary.com/?p=17464

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January 1, 2011

Thank You – Excuse Me – I’m Sorry

Filed under: Etiquette,Ken Edelstein — Tags: , — admin @ 11:36 pm

Thank You, Excuse Me, I’m Sorry
Now that’s an odd title! But the three are actually related, much more so than you might expect. The first thing that comes to my mind is the term (that applies to each) underused. The second term that seems to apply is overused. Paradox? Of course. My regular readers expect no less from me, and this blog will not disappoint you.

GENUINE Thank You(s) are way too few and far between. When you are leaving the borrower’s home do you take a moment to say “Thank You for your time”? Do you send a Thank You when receiving an assignment? Think back when you were a little kid. Mom often said “What do you say” to prompt you for giving a Thank You to the person who did a kindness to you. Mom stressed that thousands of times to drill it into your little brain so it would become a lifelong part of you. When did you start to forget that Mother Knows Best?

Thank You is just the first two words. They should be followed by “for” and a description of what action the recipient has taken to earn your gratitude. Thank You for your nice compliment about my shoes, is an example. A Thank You without details seems robotic and a bit hollow; kinda like an autonomic mindless reflect statement. Make your Thank You genuine and actually talk with substance and conviction; let them know your words are relevant and genuine.

Excuse Me has some very interesting uses. Recently, it seems to be spoken after deliberate bad manners; to absolve the transgressor for their misbehavior. It does not accomplish that objective. I know one person, basically a nice guy, who has a most annoying habit. He constantly interrupts when I am speaking to him. His interruptions are always prefaced with a loud “EXCUSE ME” followed by whatever he wanted to say. He seems to feel that a formerly used for politeness term can be invoked to permit bad manners. A real Excuse Me is for, typically, an accidental transgression. You are in the supermarket reaching for the last can of tuna that has been marked down. Just as your hand is about to grasp the can, the shopper behind you, moving a bit quicker; snatches the tuna for their shopping cart. You are momentarily stunned by their action. They say “Excuse Me”, Jeremy would not publish what I would say to that shopper.

Lastly, I come to “I’m Sorry”. So very inappropriately used, especially by business entities. As I write this I am waiting for an item to be delivered that should have been here yesterday. I ordered the item at 10AM and paid for 2 day FedEx delivery. I was assured it would be shipped the day ordered and arrive in 2 shipping days. Well, today is the third day and I checked and found the item is “Out for Delivery”, a day late. When it did not arrive yesterday I called the vendor and complained that I paid for 2 day delivery and did not receive the service that was promised and paid for.

“I’m Sorry” about the delay, we did not ship till the day after you placed the order. You did order in plenty of time for us to make the shipment that day, again we are sorry about the situation. My response was direct and probably a bit on the aggressive side: I’m sorry and other apologies are for small children when they deviate from proper behavior. Your business is not operated by small children. Businesses make “restitution” for their errors and do not “wash them away” with a blithe verbal apology.Kindly refund the price of the shipping. There is a 2 day FedEx rate and a 3 day FedEx rate. Subtract the smaller from the larger and refund it to me. I’m sorry does not “cut it” in commercial transactions. I was fortunate to speak to a senior manager who appreciated the logic of my argument and issued a partial refund.

As a http://newyorkmobilenotarypublic.com I have ample opportunity to say Thank You, Excuse Me, and I’m Sorry. I thank persons who extend me a courtesy, such as selecting me for a notary assignment. I ask that the homeowner excuse me when I forgot to wipe my shoes on their entrance rug prior to entering their spotless house. I have made I’m Sorry but I will be a few minutes late calls; when stuck behind a fire truck on the way to a signing. They are magic terms, when used appropriately. It is the intentional misuse of these phrases, as a perceived exoneration for anti-social behavior that leaves a very bad impression. Sincerity, politeness and honesty will never go out of style.

Tweets
(1) I’m sorry and other apologies are for small children when they deviate from proper behavior. Your business is not operated by small children.
(2) Businesses make “restitution” for their errors and do not “wash them away” with a blithe verbal apology.

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December 25, 2010

e-Documents Definition

Filed under: Signing Tips — Tags: , , , — admin @ 9:42 am

e-document definition 
 Documents that are sent electronically to the signing agent are called e-documents. There are a number of different common viewers necessary to view and print e-documents. Typically, a notary will receive documents and immediately need to print them and then go out to complete the signing with the borrowers. E-documents are typically sent at the last minute. Notaries typically charge extra to print out e-documents as it takes time, paper, and creates wear and tear on their toner or ink cartridge. E-documents have nothing to do with e-notarizations. An e-notarization is done purely online while an e-document signing is done with physical documents face to face with the borrower. E-signings are done with some of the documents being signed online. E-document signings are generally completed after the documents have been printed.
 

Issues with e-documents include the fact that a notary might have to go all the way home just to print documents.  Many companies send documents at the last minute and there are sometimes delays that add to the headache of doing a signing.  Some of our smarter notaries have mobile offices so they can print on the road while others have a kinko’s account so they can find a kinko’s near where they currently are to print documents on the run.

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December 24, 2010

Notary Public: Just Say No #3

Just say no 3 
Notaries need to know what to do and what not to do.  Although rules change across state lines, here are some basic rules to think about.
 
Staples anyone?
Many states require that the notary certificate be attached to the document.  Many companies will get mad at you for stapling their deed of trust together. But pages can easily be switched without a staple.  Attach is one particular formal way of saying staple. There doesn’t seem to be any other way to “attach” a certificate to a document.
 
Leaving loose certificates
Once again, certificates can not be sent without the document they correspond to.  If you notarize a document, the certificate wording should either be embedded in the document, or on an “attached” form.  If you are asked to send another “Jurat” (by this, people really might mean acknolwedgment certificate) in the mail.  You need to ask the company to send the document so you can attach it.  They they say, “Oh, come on”.  Tell them that if they want their “jurat” you need the original document otherwise they could attach it to anything.
 
New pages in a document?
If a signer had a document notarized and has a new page that they want notarized, you need to notarize the document all over again despite their whining.   You can not notarize individual pages of a multi-page document.
 
Notarizing a photograph?
You can not notarize a photograph.  If you have a document regarding a photograph, you can staple the photo to the document and notarize the document.  You could even put an embosser halfway through the photo with the other half going through the document as its attached to the document.
 
Notarizing before the signer signs?
Don’t save time by filling out the notary forms before the signer shows up.  If you affix your notarial seal before the signer has signed the document and your journal, you have committed a crime.  Just wait until all the other necessary steps are complete and then fill out the wording and affix your seal.
 
Beneficial interest?
If you are mentioned in a document, or are closely related to a person who is mentioned in a document, that can constitute beneficial interest.  If you derive a benefit from a document being signed, that is definately beneficial interest.  One of our notaries informs us that if you only get paid as a notary if a particular document gets signed, then you have beneficial interest.  Get your travel fees at the door before you figure out if you are doing to notarize a document.  If the ID is not good, or the signer is drugged at a hospital, you will feel motivated to try to find a way to notarize that person if you haven’t been paid. That is actually a very common type of beneficial conflict of interest that invovles notaries on a daily basis.
 
Notarizing yourself?
Don’t notarize yourself. You can not notarize your own signature no matter what in any state.  The whole purpose of a notary is that they verify other people’s signatures.

Tweets:
(1) It is illegal to notarize something without making sure the certificate is attached!
(2) If you are adding a new page to a document, do you need to notarize the whole thing all over again?
(3) Some notaries save time by notarizing before the signer signs! This is illegal!

You might also like:

Notary Etiquette from A to Z

Just say no article 2
http://blog.123notary.com/?p=225

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

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

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December 18, 2010

Notary Etiquette from A to Z

Notary etiquette from A-Z

Here are some basic rules of notary etiquette to keep you out of trouble and on good terms with your clients.

Don’t park in the driveway?
But, that is what driveways are for. They are for parking in. Wrong! They are for the borrower to park in, but NOT for you to park in without permission. You could be taking someone’s spot, or blocking someone. You might be leaking coolant on their driveway too. If there is a snowstorm and a snow plow will destroy your car, or if there is nowhere else to park, then ask to park in their driveway. Most people will not mind if you park in their driveway, but a few will mind.

Introduce yourself at the door.
Its good to have a pre-canned speech to give at the door. Let the borrowers know your full name, and that you will be assisting and supervising (facilitating) the signing of their loan. Let them know that your job is to introduce the documents and figures in their loan, but not to actually explain any of the concepts particular to their loan. Let the borrowers know that the lender is the only one qualified to answer specific questions about their loan.

Confirm the signing
Its polite for the notary to call the borrowers and confirm when they will be coming, and especially who is to show up at the signing. If Aunt Matilda is on the loan documents, she needs to cancel that visit to the hair salon and be at the signing.

Don’t make unpleasant remarks
Don’t make negative remarks about anyone regardless of whether they are associated with the loan or not.

Don’t discuss politics
Stick to talking about neutral topics like traffic and weather. Politics can run people the wrong way. Freedom of speech does not apply to notaries on the job. You have more freedom of speech in Moscow than on a signing. Talking about the wrong subject matter can get you off of a signing companies list, and then you lose work.

Speak clearly
A notary who mumbles, or speaks incoherently will not be a favorite with anyone. People need you to enunciate on the phone and in person.

Don’t rush the borrowers
Unless you agree on the length of your signing ahead of time, its rude to rush the borrowers. If you are having a night with ten signings and you will be late to all of the rest of the signings, then you are in a pinch. If you legitimately have to leave at a certain time, you can mention that you have to leave at 8pm, and that they are welcome to read their borrower’s copies for the next 72 hours and cancel the loan if they are not happy with any of the terms or figures.

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You might also like:

Compilation of posts about Notary etiquette
http://blog.123notary.com/?p=20505

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

What are Jeremy’s favorite blog entries?
http://blog.123notary.com/?p=18837

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December 1, 2010

Bilingual Notaries – How Often Are They Needed?

Bilingual Notaries – How Often Are They Needed?
This topic started off as a forum post. It is the most popular post in our tips section, but nobody replied to it. I was hoping for one reply in Spanish and another in Armenian, but no such luck for me.

123notary has hundreds of bilinguals
There are many bilingual notaries speaking every conceivable language from Amharic to Zulu. However, Spanish is by far the most common second language in the United States. Some notaries are native speakers of their “second” language, while others have varying degrees of competency.

Are you really bilingual?
If you want to advertise yourself as bilingual, you should be able to handle a signing purely in your second language. Even if you are not perfect and have to look up a word here or there, the ability to converse easily is the main point. The question — are you bilingual ENOUGH? is always a serious question. Notaries put “Some Spanish” in their language field all the time. Is some Spanish enough Spanish? If you can talk your way through the loan then its enough. But, please just put language names in the language field. Nobody uses our language filter to look up the language “Some Spanish”, or “Limited Spanish”. Either you can cut it or you can’t as a bilingual notary.

Test your bilingual notary
If you are hiring a notary for a bilingual signing, it is recommended to talk to them over the phone in the language they claim as their second to test them out. See how they handle basic conversation, and then throw a few loan signing technical terms at them to see how they function with specialized vocabulary.

Bilinguals are not always necessary
Most people in the United States who are getting a loan speak English, even if that is not their mother tongue. If you are notarizing documents for a family from Iran, knowing Farsi might make you popular with them (if you speak it correctly enough), but it won’t be so necessary as they will most likely speak English or have someone present who speaks English.

When do you really need one?
It’s when the signers really don’t know English that you need a bilingual notary. Bilingual notaries get a bit more business than they would if they didn’t have bilingual capabilities. However, if you are in an area where lots of borrowers speak only Spanish and there are no other bilingual signers around, you might get endless business due to your linguistic attributes which become a valuable commodity. How much extra business a bilingual signer gets is hard to say, but they really come in handy when you really need them.

Chinese anyone?
Chinese is a language that throws everyone. There are so many dialects and sub-dialects that a notary needs to specify which dialects they speak. I recommend putting this type of language in the language field: Chinese, Mandarin, Mandarin Chinese. This way, whatever language search term the browser types into the box, they will be sure to find your dialect and also have a correct idea of what you speak. Merely saying “Chinese” doesn’t cut it because there are so many Cantonese speakers in the United States, that many of them regard Cantonese dialect as being just “Chinese”. The governments of both Taiwan (ROC), and China (PRC) both use Mandarin as their standard and official language. The accent is quite different in both countries, but the language is fundamentally the same. Both China and Taiwan have regional dialects too. Taiwan has about eight different variations on their Min-nan-yu that varies from county to county, not to mention a large minority of Hakka speakers who speak a fairly different Southern Chinese dialect. Mainland China has 13 dialect groups with many subdialects that are often not mutually intelligible. Additionally, there are many ways to say Mandarin in Chinese:

(1) Guo-yu (country language – Taiwanese usage),
(2) Hua-yu (Chinese language)
(3) Zhong-guo-hua (Chinese language)
(4) Han-yu ( The language of the Han ethnic group. The name Han is from the Han dynasty and Chinese people refer to themselves as Han people.)
(5) Pu-tong-hua (the common people’s language – used in Communist China)

You might also like:

How do you find a Spanish Speaking Notary?

Where can I find a Spanish Speaking Notary?

Where can I find a Japanese speaking Notary?

Where can I find a Japanese speaking Notary?

How can I find a Vietnamese speaking Notary?
http://blog.123notary.com/?p=18816

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November 29, 2010

12 Points On e-Notarizations

e-notarizations information

Each state has different standards for e-notarizations. Please remember that e-documents and e-signings are completely different from e-notarizations. Here are some points about e-notarizations that are interesting.

(1) To do e-notarizations you need a special authorization from your state, and not all states allow this. The rules are completely different for e-notarizations and the types of documents you can notarize are limited as well.

(2) LindaH in our forum stated on 1-05-10 that the NNA is no longer supporting the ENS program (Electronic Notary Signature). There were technical challenges offering that particular technological product. There are no unified standards for e-notarizations which was part of the problem.

(3) ENJOA is an electronic journal. e-Notarizations require the use of an electronic journal and can not be completed with a regular journal. e-signings use a regular journal by the way.

(4) BobbiCT claims that in Connecticut that multiple documents can serve as “originals”. He states that physical documents can be scanned and used as electronic documents that receive an e-notarization.

(5) Many states do not allow a recorded document to have an e-notarization. Recorded documents are often documents effecting real property which is too critical to risk security issues relateing to e-notarizations.

(6) Its common for states to set up e-notarization legislation years before the first e-notarization is completed and years before the first e-notary is appointed in their state. States are thinking ahead. The problem is there can be many bugs in the new systems that are in place which make e-notarizations potentially less secure than “brick and morter” notarizations.

(7) Biometrics can be used on e-signatures on e-notarizations to record the speed of the various strokes involved in a signature. This is one excellent way to deter fraud. Its easy to forge a signature, but no fraud would be able to figure out what the speed of each stroke of the signature would be for a particular individual. There are too many strokes involved.

(8) An e-journal is required for all e-notarization acts. To get an e-journal, you would need to set up an account with a company who provides an e-journal system. You would probably need a login and password to use your journal, and god forbid if the server went down.

(9) 123notary doesn’t know of any particular notaries who have done an actual e-notarization. It sounds like fun though.

(10) LindaH claims that many borrowers she had talked to would not be thrilled if they were asked to be involved in an e-notarization.

(11) LindaH claims that its the state governments that are not prepared to handle e-signatures.

(12) Perhaps private industry and title companies might be ready, but if the county recorders can’t handle e-notarizations, then they can’t be used for recorded documents such as deeds, etc.

You might also like:

e-signings vs. e-notarizations

Reverse Mortgages general information

Stories of notaries that fail and what they did wrong!

The pros and cons of eNotarizations

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Just Say No Article #2

Assisting with Immigration issues
If you are not an immigration expert, don’t answer immigration questions and don’t advertise yourself as an immigration expert. However, notaries are allowed to notarize many types of immigration documents. Just don’t give advice.

Assisting with legal advice
If asked for legal advice, if you are not an attorney, please refrain from giving legal advice as it might constitute unauthorized practice of law. Drafting legal documents, i.e. documents to be used in court or submitted to a judge or attorney could constitute legal advice or service (unauthorized practice of law) in many states. Don’t even offer to recommened particular notary procedures for their document, as that also could constitute unauthorized practice of law.

Backdating
Putting a date on a document’s notary certificate section that is previous to the current date is considered backdating and is illegal. Don’t backdate. Many signing companies will ask you to backdate when they are in a pinch and will lose their lock on the borrower’s loan. That is their problem, not yours. If you backdate you could lose your commission if you get caught. It is a misdemeanor in many states to ask a notary to commit fraud, so you can report a company that asks you or coerces you into backdating.

Don’t make notarial recommendations
Customers always ask what type of notarization they should get. You are not allowed to tell them in many states. You can describe the attributes of the various types of notarizations and ask what the document custodian would like too. Just don’t make recommendations.

Letting your boss review your journal
Your boss can not inspect your journal on their own. However, if you are present, then its okay if your boss inspects the journal. The notary should not let the public see journal entries unrelated to their specific business. Its best to make a copy of the journal entry that blocks out other entries to protect the privacy of the others who you notarized. If not all of the notarizations are related to your boss, it would be better if you make a copy of the journal entry in question rather than letting the boss look at the whole journal while you are there.

Blanks?
Don’t notarize a document with blanks in it. The blanks must somehow be filled in or crossed out. Otherwise you must decline from notarizing that document.

Lock up your seal and journal
Not all states require a seal and journal, but these instruments are the exclusive property of the notary and must be kept under lock and key. Don’t let others use them or you can get in big trouble, and so can the person who used them.

Don’t notarize parts of documents
If you are handed page three of a long document, you can not notarize it as a separate entity. Documents must be in their complete form to be notarized. Don’t only notarize the last page of a document — the page that contains the certificate wording either.

Failure to emboss?
Its not required by law to emboss pages, but if you choose to emboss every page of every document you notarized, it becomes difficult to substitute pages of documents without getting caught. Embossers leave a raised seal that can not be photocopied, so you will be detering a lot of funny business using an embosser.

You might also like:

Notaries that fail and what they did wrong!

Everything you need to know about journals

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

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November 27, 2010

e-notarization definition

e-Notarizations and e-Signings
 
e-notarization definition
An e-notarization is a notary act done purely online. The signer would not actually come into contact with the notary in many cases. Each state has different rules for e-notarizations, so learn your state’s rules if you want to do this. An online journal (ENJOA) would be used to record the transaction as well. e-notarizations would never be used for deeds effecting real property since those types of documents are very critical and involve high dollar figures. An e-signing is different from an e-notarization. Many states allow e-notarizations, but you generally need to get a special commission separate from your regular notary commission to be an e-notary.

e-signing definition

An e-signing is different from an e-notarization. E-signings are electronic loan signings where the notary visits the borrower’s home or meets the borrowers at a mutually agreeable location. The signer is present before the notary during an e-signing. Some or all of the documents in an e-signing are signed online while the remaining documents might be physical paper documents. The journal used in an e-signing would be a bound and sequential physical paper journal. e-notarizations are different from e-signings because the signer doesn’t actually appear before the notary in an e-notarization, and the journal in an e-notarization is electronic, and not physical.

Links

Colorado Notary e-notarization
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2123
Arizona Electronic signatures
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4256
e-Signings and e-Notarizations
http://www.pawnotary.com/kb/1-2.html

Notes

(1) edelske (forum member) claims that:

 e-signings are really slow and that the savings on printing costs do not compensate for the time consumed waiting for pages to load on your laptop.

(2) LindaH states in a forum post:

E-signings are a process where the mortgage documents are signed online at the lender’s website. You either have your laptop w/ aircard & internet connection or you use the borrowers’ computer (provided they have one and they have stable internet service) . You access a remote site, review some documents online with them and they sign by clicking on a button (the borrowers’ digital signature with the lender is set up ahead of time). If your state does not accept e-recordings, you will still need to print those docs that need to be notarized as they are “wet” signatures – and sometimes you need to print a copy for the borrower … oh, and maybe print an extra set of documents “just in case” the internet connection fails or there are issues with the website. The beauty of e-signings for the lender is that changes to docs can be made at the table, thereby avoiding no-signs…HUDs and TILs can be changed and re-delivered virtually immediately – so if your borrower doesn’t have a computer, be prepared to print table so they‘re provided copies of revised docs!! (So, IMO, in addition to carrying your briefcase with your standard equipment, you’ll now need to carry laptop with aircard AND laser printer)..

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