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January 18, 2014

You could get sued if you don’t have a business license

Legally, you might need to get a business license
Did you just get your Notary Commission? Good for you! Do you want to start a business doing notarizations? unlikely unless you have gotten huge without a business license. However, there is a small chance that someone else might register that business name somewhere in your state or county and sue you for damages. After all, you were Legally, you might need to get a business license. But, most notaries don’t get one until they want to use a particular business name. Some even advertise in the yellow pages without having a registered business name. What is the risk in not doing so? Will the state government come crashing down on you? That is using THEIR business name and they could claim to have lost money!

Changing or removing your business name
The problem is that once you put your business name in print on the internet or in printed advertising, you might find it very difficult to get change it or remove it. Google keeps a cache of old pages for months as well, so that information you posted on the internet could haunt you long after you remove it!

Notary Business names that change every month?
We have notaries on 123notary who change their business name every month. Each time it is a different variation. In October it is MG Notary Service, and then it changes to MG Properties, and then in December it is Mary’s Notary & Apostille. Which one is it? Notaries cannot change their personal or business name on our site without my intervention. But, when I see that they are changing their business name every month, I begin to think that “perhaps” their business name is not really registered, and that they don’t have business licenses. Hmmm. Once I asked someone to send me proof of their business license and they sent me a copy of a newspaper ad they had used to publish their business name. The text was different sizes and on different lines, and I couldn’t tell which part of the name was commentary and which part was the name on their business license. Good God!

Be safe and get registered
It is better to think long and hard about what your business name should be. Then, register your business name, and get a company bank account. Then you can advertise, and do business as a DBA without “as much” risk of being sued due to your business name. There can always be some clown who still wants to make trouble with you who has that same business name registered in another county, but if you are playing by the rules, it will be harder for someone to question the legitimacy of your business name and probably less likely that they can sue you for “business name infringement”. Your name on your notary commission is registered, why shouldn’t your business name as well?

Tweets:
(1) Did you just get your notary commission? Good! You need to get a business license now.
(2) Once your business name is registered & in print, it is not easy to change it. Think it over first.
(3) We have notaries on 123notary who change their business name every month. Doesn’t sound very legal.
(4) You might be held liable for “business name infringement” if you don’t register your biz name.

You might also like:

Stealing a business name
http://blog.123notary.com/?p=2660

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January 6, 2014

Can a Notary notarize a Will or Living Will?

To make it quick and simple — Yes, a Notary can notarize signatures on a Will, although it is generally discouraged unless given written instructions by an Attorney. Wills are normally witnessed, but not notarized. But then, why be normal?

Can a notary witness a Will?
YES, a Notary can witness the signing of any document. However, it is discouraged for a notary to be involved in any transaction as a witness or Notary where they might have beneficial interest or financial interest! If the notary benefits in any way from a Will being signed or is closely related to a beneficiary, they could be said to have beneficial interest. Anybody eighteen years of age or older who can sign their own name and watch someone else sign can be a witness to a will. It is that simple!

Can a notary draft a Will?
Document drafting might be considered part of the practice of law in your state. You can ask your state bar association if a Notary can draft a document, or if a notary can draft a legal document. The answer is most likely no. Unless you are trained and authorized, I would stay away from document drafting of legal documents since it is so sensitive!

Then who can draft a Will?
Ask an Attorney to help you draft a Will. Ask the Attorney if the Will should be notarized or only witnessed. The witnesses of the Will can also be notarized by the way!

What about a Living Will?
Living Wills are typically very long documents drafted by Attorneys who specialize in Health Care legal documents. Health Care Power Of Attorney documents are close relatives of Living Wills. Living Wills are typically notarized and often need a notarization in the middle of the document as well as at the end of the potentially dozens of pages.

Can a notary notarize a Living Will?
Sure!

How about a Dying Will or a Won’t? Or a Living Will that doesn’t have a pulse! I know a Notary who is dying to notarize a Won’t with or without instructions from an Attorney!

Tweets:
(1) Yes, Notary can notarize signatures on a Will, although it is generally discouraged w/o written instructions from an Attorney.
(2) Document drafting may or may not be considered practicing law in your state. Ask the Bar Association.
(3) The difference between a regular Will and a Living Will is that the latter has a pulse.

You might also like:

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

The lady and the handwritten Will
http://blog.123notary.com/?p=3609

Types of witnesses in the Notary profession
http://blog.123notary.com/?p=5664

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November 27, 2013

Does Real Estate experience help as a notary?

We asked on Facebook which type of professional background helps if you are a signing agent.

Mortgage & Title Experience
Mortgage and Title experience helps to a point, but not that much. I keep telling people, it is a lot different when you are on the “other” side of the table with a notary stamp in your hand. The type of knowledge you need and the type of experience is very different.

Our Quiz
I give a little quiz to people where I ask them a few questions over the phone. People who claim to be experienced and know it all typically complain that I catch them off guard. I tell them that they should know loan signing terminology so well that they should be able to talk about it if they are drunk, stoned, or in a deep sleep. So, I ask people what the technical term for the date of the signing is — and even a loan processor with 30 years of experience couldn’t tell me. Mortgage brokers are notorious for failing our certification test. Additionally, NNA certified signing agents who think they know it all score an average of 30% on our phone test.

Notary2Pro
In defense of notary2pro’s course, the notary2pro graduates get more like 65% on our over the phone quiz which is excellent and comparable to those who pass the 123notary certification test.

Realtors
But, the worst luck I have had is with people who tell me all about their Real Estate experience. They tell me for 10 minutes how they know all about loan documents because they were a Real Estate Agent. Then I ask them what the APR is, and they say, “Huh?”. The APR, don’t you know the APR? How would you define the APR? Then if they are somewhat with it, they define the APR as being the Annual Percentage Rate which is not a definition, but another spelled out name for the APR.

Negative Advertising or Neutral Advertising?
In any case, from talking to enough Real Estate Brokers, being in that profession is nothing to brag about when trying to advertise yourself as a notary. In fact, I think it is neutral advertising. It is sort of like saying that you know nothing about being a notary, so instead — you will try to pass yourself off as someone who knows the documents — when in fact you don’t know the first thing about being a loan signer and don’t even know what the APR is in most cases. Additionally, many Real Estate Brokers will write three paragraphs in their notary notes about their Real Estate achievements when the reader wants to know about what types of documents and financial packages they have signed and more about their notary credentials.

OMG. Are all Realtors this bad?

The bottom line is that if you want to be a signing agent, study to be a signing agent. Study from 123notary if you want our certification icon on your listing. Otherwise, study from notary2pro for some good one on one mentoring from their staff. Being a Real Estate agent and mentioning that in your notary notes will not help you or harm you. Just quickly mention it, and then go on to describe the intricacies of your notary knowledge, memberships, equipment, credentials, coverage areas, and more…

Tweets:
(1) Drunk? Stoned? In a deep sleep? No matter! Know your loan signing terminology!
(2) It’s a lot different when you are on the “other” side of the table w/a notary stamp.
(3) A loan processer 30 year vet didn’t know the technical term for the “date of signing”
(4) Real Estate Brokers need to get real! You don’t know ur loan docs as well as you think you do!

You might also like:

A complete guide for beginner Notaries
http://blog.123notary.com/?p=21023

Notary Marketing 102
http://blog.123notary.com/?p=19774

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November 4, 2013

How much can a California Notary Public Charge?

Notary Public California: What does a California Notary Cost?

Looking for notary service in California? The price for notary work in California is based on state government set maximum notary fees. The exact fee might depend on the particular act. Please remember that a California Notary Public charges you for each notarized signature. If you have one document where you are being notarized twice, then you pay two notary fees. Additionally, many California Notaries are in the mobile notary business and might offer you the convenience of coming to your office, hospital, home, or jail cell for an additional travel fee on top of the California notary fees.

You can visit
http://www.123notary.com/california_notary/
For detailed information about California Notary Fees as well as California Notary Public search functions.

CA Notary — maximum notary fees
Acknowledgments – $15
Oath or Affirmation for a Jurat – $15
Certified copy of a Power of Attorney – $15
Administering an Oath for a Witness – $7
Taking a Deposition – $30
Apostilles & Authentications – Refer to Secretary of State Website

Please note that a notary is not required to charge the maximum allowed notary fees. They are welcome to notarize your signature for free, or for a nominal fee if they like. Find a great California mobile notary on 123notary.com!

(1) A California Notary can charge $10 per signature for Acknowledgments & Jurats. But, what about other acts?

You might also like:

Find a California Notary in Fresno
http://www.123notary.com/notary-result.asp?state=CA&n=Fresno&county=127

Find a California Notary Public in Riverside
http://www.123notary.com/notary-result.asp?state=CA&n=Riverside&sub=34

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October 26, 2013

How to Notarize a Copy of a Passport

Notarize a copy of a passport

There is always some confusion about the legality of copying and notarizing official documents. You cannot notarize a birth certificate, marriage or death certificate. There is no official certification procedure for getting a certified copy of a passport. California notaries can make a certified copy of a power of attorney, but that is the only type of document that you can get a certified copy of. So, what type of notary act can you do to notarize that copy of your passport?

There is a notary act called a copy certfication by document custodian. This is basically a Jurat with some unique wording. It makes the sign swear under oath to the accuracy and completeness of the copy. It is common for students to have copies of transcripts notarized using this procedure. I used the copy certification by document custodian form regularly when I was a notary since it was the only way to accommodate requests for copies.

Many notaries do not carry the form for the certification by document custodian Jurat procedure, so if you need this done, figure out ahead of time whether or not the Notary has the forms that are acceptable to whomever you are submitting your document to as they are the boss in a sense.

You might also like:

Notarize copies of passports (Forum)
http://www.123notary.com/forum/topic.asp?TOPIC_ID=1904

Can a resident alien card be used for a notarization?
http://blog.123notary.com/?p=8282

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

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July 3, 2013

How to get something notarized if you don’t have ID

If you don’t have ID, many states allow the use of credible witnesses. Two people could identify you before a notary public, sign the notary’s journal, and produce identification themselves.

But, honestly, if you need to get notarized, go down to your DMV and get a state issued identification card. You need it to go to a hotel, rent a car, get notarized, and more. You might need a copy of your birth certificate to get your ID. So, be prepared to figure out how to get your birth certificate. Don’t waste time. It is a hassle when notaries have to deal with clients who don’t have proper identification.

Personally, I have notarized many people. Some lived in bad areas where they got mugged, and the mugger took their identification. Others were old and had expired identification. Get with the program and get your identification ready.

It is sometimes hard or impossible to get something notarized if you don’t have current government issued identification.

Some states will allow the notary to notarize you if they know you well as being “personally known” to the Notary could constitute identification. Most states used to have that law because in the old days people tended to know people in their area quite well. But, most states have changed their laws, and no longer allow the notary to claim to know you as a form of identification.

Now you know how to get something notarized if you don’t have ID.

You might also like:

Show me your identification
http://blog.123notary.com/?p=6353

Identification requirements for being notarized
http://blog.123notary.com/?p=4299

Signature Name Affidavit: Not a substitute for an ID
http://blog.123notary.com/?p=3823

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May 17, 2013

Why do I have to sign with my middle initial?

Filed under: SEO,Signing Tips — admin @ 11:03 pm

Do you get asked this question?

If your name on Title has your middle initial, is that the reason? I think so. But, what if your drivers license doesn’t have your middle initial? Then, you can not prudently be notarized with your middle initial. When signing loan documents, if you don’t sign exactly how your name is typed in the signature section, then you probably won’t get your loan. So, inconsistent middle initials can create an issue.

But, as notaries, you need to watch your signers carefully. Remember, you are there to babysit the signers. Unfortunately, most notaries are so unprofessional that they need to be babysat as well. But, you should know what you are doing.

At a signing, you should tell the borrowers exactly how they are to sign and have them practice on a piece of paper that is not part of their loan. Watch them. Make sure they don’t leave out any initials and make sure they sign using the applicable name variation.

Good luck

You might also like:

Initialing tutorial: Industry standards in the notary business
http://blog.123notary.com/?p=4370

The man who wouldn’t use his middle initial
http://blog.123notary.com/?p=4040

Cross out and initial, or use a fresh form?
http://blog.123notary.com/?p=19933

Notarizing multi-page documents
http://blog.123notary.com/?p=21423

What if the signature or notarization is in the middle of the document?
http://blog.123notary.com/?p=20525

Notary Public 101 from 123notary
http://blog.123notary.com/?p=19493

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May 3, 2013

Find a Notary — one who provides late night 24 hour service

I was thinking about this today. Everybody needs to sleep. In our search results for 24 hour notaries, we should document when their black hours are. Everybody sleeps sometime — even if it is during odd hours. If they are sleeping, then maybe another 24 hour notary would be a better candidate for a particular job. Some people go to sleep at 4am and wake at 8am, and they would be perfect for a 2am job. Don’t you think?

But, 123notary has tons of 24 hour notaries in our search results. Use the Find a Notary Public Search page to find these people. Roughy 25% of all of our 7000 notaries on the site provide 24 hour service (or claim to). This can be a real life saver.

The tricky part is that not all of these notaries are “real” 24 hour notaries. Some don’t answer the phone after hours, or even during business hours. So, how do you know which of our 24 hour notaries are real ones? Surprisingly, I have called many of these notaries myself and the MAJORITY do answer the phone late at night, even after midnight. Keep calling until you find one who can accommodate your job.

24 hour notaries are often used for last minute travel documents, hospital signings, airport signings, and loan signings for people who work unusual shifts. I did a loan signing at 2am for someone who got out of work at midnight. A bit unusual, but there was no traffic, and my client was very nice. It worked well.

Find a 24 hour notary public on 123notary.com on our Find a Notary page. Good luck!

You might also like:

Ideas for names for 24 hour Notary businesses
http://blog.123notary.com/?p=19062

Hospital notarization issues (string)
http://blog.123notary.com/?s=hospital

Names for Notary businesses that can get you in trouble.
http://blog.123notary.com/?p=19064

The 24 hour icon and what it means
http://blog.123notary.com/?p=19455

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April 21, 2013

Mistakes notaries make w/ Title Companies

Notaries all want Title Company business, but not all of them get it. Why?

Experience is half of the problem, and skills are the other half. But, what about the THIRD half?

Communication skills
Do you use bad grammar? Do you make spelling mistakes in your notes section?

I also make spelling mistakes. Fewer than I used to make ten years ago since I write more.

But, Title Companies will reject a notary based on these factors.

What if there is no useful information in your notes section?
Do you ramble when people talk to you, and go on and on?
Do you go off on a tangent during a conversation and not stick to the topic at hand?
Do you give dumb sounding answers to simple loan signing questions?
Is there background noise when a title company calls you?
Do you answer the phone by saying “Hullo?”
Do your children answer the phone?

Does your answering machine have unprofessional sounding music?
Does your answering machine state your name?
Is your message system full?
Do you have reviews on your profile?
Are you certified by 123notary?
Do you have a tone of voice that is uninviting?
Do you ask people to repeat what they said?

Notary: Hello?
Tammy: Hi, this is Tammy from Tammy’s Title
Notary: Who is this?
Tammy: TAMMY from Tammy’s Title
Notary: Tammy’s Title?
Tammy: Yes, Tammy’s Title! May I speak to Linda please
Notary: This is her.

Jeremy’s comment: Are you deaf? Tammy stated her personal and company name very clearly when she called you, what’s the problem. Are you not paying attention? Or, do you just not know how to respond, so you ask a stupid question? Tammy thinks you are very stupid by now. Did you know that roughly 15% of notaries ask me to repeat information that I stated very clearly? I am not sure what their problem is. If I ask a quiz question, then 80% of the notaries make me repeat the entire thing twice — but, that is more tricky, so it is allowed in that context.

BTW, it is bad etiquette to say hello when answering the phone. State who you are otherwise the other person will have to guess or ask you. Also, don’t say, “This is her” as that is bad grammar. “This is she” is correct even though it sounds strange.

To sum up the point of this article.
If you want Title companies to think well of you and hire you — don’t act stupid. Have your act in order, and be able to answer questions quickly. Be professional — otherwise they will hire someone else who is professional. Title companies pay up to $150 a pop and notaries line up for these types of jobs. Title companies have choices — you don’t!

.

You might also like:

The way you treat Jeremy might be the same way you treat title
http://blog.123notary.com/?p=19590

When a title company lies to you
http://blog.123notary.com/?p=19349

If you contact title companies directly, what do they want?
http://blog.123notary.com/?p=16110

Notary Marketing 102
http://blog.123notary.com/?p=19774

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April 3, 2013

How many years is a notary commission good for?

How long does a notary commission last? How many years is my notary commission good for? How many years is my term of office as a notary public?

The answer is that it varies from state to state.

An Arizona notary commission is good for 4 years
A California notary commission is good for 4 years.
A Florida notary commission is good for 4 years
An Illinois notary commission is good for 4 years
A Pennsylvania notary commission is good for 4 years
A Texas notary commission is good for 4 years
A Washington state notary commission is good for 4 years

But, some states have an unusually short term of office for notaries like Delaware which is only a 2 year term of office.

Arkansas notaries are commissioned for 10 years.
Louisiana notaries are commissioned for life and have the hardest training program of any state.
Some states have a short term of office, while others have a longer one.
The majority of states have a four year term, but a few have a five, six, seven, or even longer term.

Our forum article below covers even more states and their lengths of notary terms of office.

You might also like:

How long is a notary term of office? (more states covered)
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3955

Random yet interesting notary facts — did you know?
http://blog.123notary.com/?p=2818

Interesting and uncommon notary acts
http://blog.123notary.com/?p=483

Notary Funeral – when the commission expired
http://blog.123notary.com/?p=17076

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