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August 2, 2010

Typical things notaries do wrong

Filed under: Just Say No!,Legal Issues,Notary Mistakes,Technical & Legal — Tags: , , — admin @ 4:17 am

Typical things notaries do wrong.
Notaries do many things incorrectly, particalar inexperienced, or unschooled notaries.  Clients will ask you to do all sorts of things.  Some things are merely unorthodox, while others are purely illegal.  Here are some things that notaries do wrong.
 
Copies of vital records
From time to time, a notary is asked to notarize a certified copy of a vital record such as a birth certificate, marriage or death certificate.  This is not legal, and not recommended.  It is legal, but not recommended to do what is called a copy certification by document custodian. This notary act is a glorified Jurat, where the individual who is in charge of the document swears to the authenticity of a copy of the document. 
 
Going to hospitals and jails without asking the right questions.
Many notaries don’t want to go to hospitals and jails because they are afraid.  There is nothing to be afraid of, but there are pitfalls.  Many signers in hospitals are elderly and don’t have ID.  Inmates NEVER have ID.  So, the notary must first be sure the signer or their family members / associates have their ID and it is wise to have them read the ID# and expiration date to the notary, so the notary can be sure that they really have the ID and that its current.
 
Leaving seals and journals unattended.
As a notary public, you and only you are responsible for safeguarding your seal and journal.  Even if your boss or co-workers want to use your seal or inspect your journal, its completely illegal. Only the notary can do a journal query, or use their seal.   Carelessly leaving your seal in an unlocked area is also a very serious notary error.  Seals and journals must always be kept under lock and key.
 
Not having the signer present.
Its common for a client to request that a notary notarize a document when the signer is not around. This is completely illegal.  The signer must be  in front of the notary during a signing.  This means within a few feet and able to communicate directly with the notary.
 
Having an interpreter
Many immigrant families have older members who don’t speak English.  They often attend to their business with their children along to explain things and translate.  When they call the notary over, they often don’t explain that the signer can not speak English, since its not a problem due to the fact that they can translate. But, the notary must be able to communicate directly with the signer.  If the signer only speaks Uzbek, and the notary doesn’t speak Uzbek, then the signing is off.   On the other hand, if the document is in Chinese, and the notary only speaks English, that is okay, since the notary is not liable for the contents of the document.
 
Overcharging
The maximum notary fees vary from state to state.  California and Florida are  “generous” offering $10 per acknolwedged signature, while many other states offer as low as 25 cents or two dollars per signature which is hardly enough to make a living.  It is tempting for notaries to charge more than they are supposed to to make it worth their while. This is illegal.  Also, many states have restrictions for what notaries can charge for travel fees.  Many notaries overlook these restrictions.
 
Journal thumbprints and notes
It is critical that notaries get the right thumbprint of the signer in their journal, especially for deeds and powers of attorneys.  This is a great way to deter fraud, and will keep a notary out of court in many instances.  Additional notes are important to keep in a journal too.  If a notary goes to court, they will never remember a signing that took place years ago, unless some notes are kept about anything unusual at the venue of the signing, or anything that is unusual about the signer.
 
Also see:
Everything you need to know about thumbprinting
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4019
 
Backdating
Almost all signing agents will be asked to backdate at one or more times during their career.  Don’t do it.  Backdating is illegal.  Backdating means putting a date prior to the actual date of the notarization on a notary certificate. The date of the notarization is when the signer signs the journal, although the signer can sign a document before the notarization of an acknowledged signature.  Here is some more information about backdating.
 
You might also like:

What do you do if asked to backdate?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4029
 
What is backdating?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3920

Signing agent best practices: 63 points
http://blog.123notary.com/?p=4315

10 risks to being a mobile notary public
http://blog.123notary.com/?p=19459

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July 22, 2010

Getting paid – the ins and outs

Filed under: Business Tips,General Articles,Loan Signing 101,Tips for Getting Paid — Tags: , , , , — admin @ 3:28 am

Many notaries complain to us that they don’t always get paid for their work.

We are very sympathetic. However,  sympathy alone will not help. There are some
simple methods we teach that can save you a lot of grief in the long run. Just follow our steps and you will stay out of trouble.

Accepting jobs from new companies.
When offered a job from an unknown company, ask for references. If they don’t want to give references, that is an easy way to screen them out. If they seem legitimate, you can accept the job. However, immediately after accepting the job, you should do a background check. Background checks can be done on the net in minutes and are easy.

Background check companies that call you
Look companies up on the BBB, 123notary’s list of signing companies, 123notary’s forum, and Notaryrotary’s forum. If you are on the road, use 123notary.com/S where you can look up signing companies on your mobile phone in less than one minute. If a company has more than 10% of reviews posted about them that are serious complaints, think twice about working for them. You are likely to get cheated or have a bad experience.

Track how long it takes particular companies to pay you.
If you regularly work for a particular company, keep track of when jobs got done, and how soon you got paid. You can create statistics on the average amount of days it takes for each company to pay you. If they take more than 60 days, that is seriously delinquent, and you should not work for a company that is regularly delinquent.

Keep good records.
You need to have a separate file for each company that uses you. Its best to use a computer database. Always backup your work and perhaps printout paper records regularly. You need to know who assigned what job on what date, and then check off that job once it gets paid. Write down the date you received payment and the check number. Keep the check stub too.

Have a line of credit for each company.
If signing company “X” owes you $600 and wants you to do more jobs for them, I suggest having them pay you what they owe you before you do any more work for them. Give each company a maximum amount that they can owe you and don’t do any jobs if you are over that number. I suggest starting companies out with a limit of $200 total, and don’t work for them if they owe you anything for more than 45 days. If you have gotten three paychecks from them, you can raise the limit to $300. If you have gotten ten timely paychecks from them, raise the limit to $500. But, the minute a single job goes more than 45 days without pay, stop work for them ASAP, or you could get cheated out of everything. Many notaries get strung along by companies and get cheated out of thousands.

Bill regularly
If you work for a company, they will not always automatically pay you. You have to send weekly invoices for whatever jobs they haven’t paid you for. Make sure you mark off which job they paid for and what the CHECK NUMBER was. If you don’t keep this information and keep check stubs, you will get cheated. If they owe you money more than 30 days, start calling them weekly about what they owe. If they owe you for a single job for more than 45 days, stop working for them until you get paid.

Low pay?
Many notaries complain about companies that don’t pay much. Its better to get low pay than no pay. Times are hard and many people are out of work. Take what you can get. If you are a fancy notary with great connections, you can pick and choose what work you take. If you are desperate for cash, you should take low paying jobs from reputable companies. However, don’t take work from companies with a track record of non-payment, or you will be working for free.

What if companies still don’t pay?
Use our template of a demand letter on http://www.123notary.com/howto-get-paid-signing-agent.htm
This letter works 90% of the time. The times it doesn’t work is when the company is basically no longer in business, or insolvent.

You might also like:

Notary Marketing 102 – Getting Paid
http://blog.123notary.com/?p=19794

Protecting yourself with a contract
http://blog.123notary.com/?p=2593

What tasks can you do which are worth $1000 per minute?
http://blog.123notary.com/?p=4113

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July 18, 2010

Confirming the signing

Filed under: Popular Overall 2010,Signing Tips — Tags: , , , , — admin @ 12:15 pm

Introduction
As a notary, there is a lot to know. There are notary laws from your state, navigating your area, business and interaction skills, and much much more. Most notaries take some sort of a loan signing course to get into the mobile notary business. But, loan signing courses don’t tell you everything you need to know! There are always things they don’t tell you because the author either doesn’t know, forgot to put in the book, or didn’t think was important. Other situations don’t hae a set way of being handled and can only be dealt with using a personal approach. This blog entry will deal with some select hot tips on how to handle a signing.

Confirming appointments
As a notary, signing companies will offer you jobs, fedex you a package, and expect you to show up on time to the appointment. How often have you gotten to an appointment only to find that the borrower is surprized by the numbers, or didn’t realize that their cousin Sam needed to be there for the signing, since Sam was on Title? The lending profession is filled with tricky characters who promise one thing, and then when the borrowers see the paperwork with the notary sitting there, they feel pressured to sign, even when they don’t like the fact that they have been hoodwinked. The notary often has to sit through long conversations with the lender that should have taken place BEFORE the signing, not during. Lenders are often sloppy, and don’t fully inform the borrower about all of the numbers on the loan. So, what does the notary need to do to avoid this type of drama? A thorough confirmation call solves the problem.

Going over the numbers
Once the notary has the loan package in their hand, they should call the borrower and go over the Rate, APR, and payoff amounts listed in the Settlement Statement. The notary should go over all Escrow payments, and what the monthly payments are, prepayment penalty, and if its an Adjustable Rate Loan, what the cap is, etc. Additionally, the notary should have the borrower read their ID to the notary, and what the NAME is on their ID, and confirm what individuals will be at the loan signing. Thats a lot to go over. However, it only takes three or four minutes, and will save you hours during those times when there are suprizes — which seems to be 25% of the time. If the borrower is not happy with any of the numbers, cancel the appointment. Don’t waste your time getting into someone else’e drama.

How much time is needed?
Another aspect is discussing how much time the borrower would like to have signing the loan. Its not the notary’s job to sit for six hours while the borrower reads every word in the whole package, and then rereads certain important documents. The notary and borrower should agree ahead of time how much time the borrower needs to that the notary can plan their evening and other appointments. The notary should explain that the borrower has three days not including Sundays and Federal holidays to cancel their loan, so they can skim through it and read their borrower’s copies after the fact. The borrower can cancel in writing and the loan is off, if they cancel before the deadline.

Scheduling and venues
Explain to the borrower when you will be coming, and let them know if you might be slightly early or late… and how late. Some borrowers have issues with their homes. Some have family over or rambunctious children. Others have pets. I always offered to take pawprints just in case Fluffy ever got lost. I’m not convinced that cat pawprints are as unique as human fingerprints though. Its the thought that counts. If a borrower can’t sign at their home for any reason, its good to find a good cafe or restaurant where you can sign. Don’t forget to read in the forum about drinks at signings. Thats a very popular and critical topic. You don’t want your “tall latte” all of the right to cancel, otherwise you will have a very “short signing”.

You might also like:

Confirming the signing 2018 version in Notary Public 101 Scenarios
http://blog.123notary.com/?p=19976

Typical things notaries do wrong

Bilingual notaries, how often are they needed?

Getting your travel fee at the door

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