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December 4, 2016

Power of Attorney – Notary Processing Mistakes

Playing Lawyer

You’re going there to notarize, that’s what you do. The caller asked you to bring some blank copies of a “standard” Power of Attorney. I think not. There many different formats to the Power of Attorney document. Selecting, as when you provide a document; could probably be interpreted as the Illegal Practice of Law. You don’t know their requirements, but you happen to have some documents titled Power of Attorney – a recipe for disaster. We notarize upon proof and oath; it’s their responsibility to know what they are signing. That applies to Principal, Agent, Monitor and Successor Agent.

Fuzzy Job Specifications

I need my signature notarized on a Power of Attorney form. Do you accept that sole statement? Does the caller have the form(s)? Is the caller the Principal granting the powers? Will there be Agent(s) and Successor Agent(s). You probably inquired about the ID that will be presented by the caller – but do you know anything about the ID status of others to be notarized? Will all parties be present when you arrive, or will there be a lengthy wait for a tardy Agent? The caller mentioned “a” Power of Attorney form, that’s true enough – but are ten more duplicates awaiting you? Did you schedule this as a “quick one” with your next assignment very soon?

Accepting Risk

You want to avoid accepting risk. One tool is having the assignment prepaid. A more important tool is communication with your client. Stress that the signature(s) of the Principal, Agent and Successor Agent must have proper supporting ID, and that the name on the ID must match the name to be notarized on the Power of Attorney. I make it very clear: “If any person to be notarized has an ID issue that precludes notarization; you will get my sincere regrets, but not a refund”. Hospital jobs have access concerns when the Principal is the patient.

Not Sharing your Knowledge

Many are new to using a Power of Attorney. They often assume a photocopy will be accepted and that they need only one original. That is often not the case. Offer duplicates for a modest fee. Blank areas might require a N/A. Use your embosser – it’s required to submit the document to Federal Courts, and might be required if the document leaves the state where notarized. Clients can forget that most Power of Attorney documents require the authority of Agent, and Successor Agent to be specified. This is usually done by the Principal initialing various “right granting” sections giving authority to one or more Agents, and, or, Successor Agents – easy to overlook.

It’s also easy to overlook the “Separately” initial area. When there is more than one Agent or Successor Agent; the common document default is that they must act in unison. Often, the independent ability of these agents is desired; this requires initials in the appropriate area.

Disorderly Processing

In our signings we complete one document then move on to the next one. Processing a stack of identical Power of Attorney documents is best handled differently. I prefer the “same thing over and over” approach. An entry on the first copy is propagated to the remaining copies. Then the next entry is made in a similar manner. This is easier for all involved as they, after the first two or three; are “familiar” with “what goes where”. After ID checking, and notary oath administration(s) – the notarizations can proceed in a similar manner. Mentally tie to giving the oath asking the affiants if they returned their ID to a safe place. This avoids being called to return their ID when they misplaced it – this happened to me a few times.

The Introduction to the Power of Attorney, New York Statutory Short Form

CAUTION TO THE PRINCIPAL: Your Power of Attorney is an important document. As the “principal,” you give the person whom you choose (your “agent”) authority to spend your money and sell or dispose of your property during your lifetime without telling you. You do not lose your authority to act even though you have given your agent similar authority.

When your agent exercises this authority, he or she must act according to any instructions you have provided or, where there are no specific instructions, in your best interest. “Important Information for the Agent” at the end of this document describes your agent’s responsibilities.

Your agent can act on your behalf only after signing the Power of Attorney before a notary public.

You can request information from your agent at any time. If you are revoking a prior Power of Attorney, you should provide written notice of the revocation to your prior agent(s) and to any third parties who may have acted upon it, including the financial institutions where your accounts are located.

You can revoke or terminate your Power of Attorney at any time for any reason as long as you are of sound mind. If you are no longer of sound mind, a court can remove an agent for acting improperly.

Your agent cannot make health care decisions for you. You may execute a “Health Care Proxy” to do this.

If there is anything about this document that you do not understand, you should ask a lawyer of your own choosing to explain it to you

Have you asked the Principal, Agent, Monitor, and Successor Agent – if they have read and understood the disclosures, usually on the first page of the Power of Attorney document?

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You might also like:

How do you get a Power of Attorney Document?
http://blog.123notary.com/?p=20785

Index of posts about Power of Attorney
http://blog.123notary.com/?p=20255

Index of information about documents
http://blog.123notary.com/?p=20258

Penalties for Notary misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315

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November 26, 2016

I felt like I was being used (Snapdocs assignment)

Another Notary worked for Snapdocs and had an emotional reaction after the fact. She got one of those low-ball assignments, took it, and then complained she felt like she was being used. If you don’t like working for below market rates, nobody is putting a gun to your head! This new signer was concerned about wear and tear on her car, ink, paper, gas, etc. The bottom line here is that anyone who uses you is using you no matter the price. You sell your services for money. The question is, do you know the value of your time and do you know the itemization of your expenses for various types of jobs?

There is no set value on your time, so you have to create your own value. If you don’t know your value, how will you accept or reject jobs. For newbies, the value of getting work under your belt is much more than the value of your dignity. An inexperienced Notary in my book is not worth much. If you have less than 1000 signings and no certifications, I personally wouldn’t use you for anything. If you have 5000 signings and three certifications, then you become valuable as long as you have a good track record.

SIGNING CO: Would you do this modification for $100?

NOTARY: I will not – I have morals

SIGNING CO: How about $1,000,000?

NOTARY: Well, okay…

SIGNING CO: How about $150

NOTARY: What kind of Notary do you think I am?

SIGNING CO: We’ve already determined that, we’re just haggling over the price.

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The state of Notary advertising in 2016
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November 15, 2016

How to spot fake ID at a notarization

Most Notaries study Notary law. But, do we keep handbooks that are up to date about spotting fake ID’s? Perhaps we should . Our primary task as a Notary is not to make people feel good, and is not to get the job done either. It is to identify signers and make sure that fraud doesn’t take place. It is better to say “no” rather than to get a Notary job done wrong — hence the name “no”–tary. Otherwise we would be yestaries and the world would go down the tubes.

ID Handbooks
The NNA and other vendors have books going over every state’s identification documents. They can tell you about distinguishing features, new watermarks, and other telltale signs that the ID is genuine.

Jeremy’s Solution — an online ID database
Personally, I think there should be a computer system to let the Notary look you up on a Federal or state database — but, that’s just me.

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Things to look for one the ID

(1) Physical Description
Sometimes the physical description doesn’t match the signer. With ladies changing their hairstyle frequently, it is hard to tell their identity.

(2) Mispellings
Then, there could be misspellings in the name or a wrong name variation.

(3) Tampering
Obvious signs of tampering are almost a guarantee of a fake ID. I saw one of those once and only once.

(4) Watermarks
Finally watermarks are used in identification documents and currency to prove authenticity. It is possible, but hard for a fraud to replicate an authentic watermark. In China I’m sure they’ll figure it out as faking things is their specialty. But, for the rest of us it would not be so easy.

(5) Lack of raised lettering
Many of the newer ID’s have raised lettering. However, without a guidebook, you won’t know which states and which identification years of issue have raised letters.

(6) What’s your sign?
Ask the signer their sign. If they are using a fake ID with wrong DOB it will be very difficult for them to immediately recite their sign. You can also ask for their zip code to spot a fraud.

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Most Notaries do not inspect ID’s carefully. They just record the information in their journal. Unless something fake is jumping out at them, they will not notice that something is wrong. It pays to get a handbook and become and expert. After all, the whole point of being a Notary is to deter fraud. In my opinion, each state’s Notary division should require all Notaries to be experts at spotting fake ID’s in addition to other critical related skills. Maybe one day technology and training will improve.

Smokey bear says — say no to forest fires. Notary Jer says — say no to fake notary identifications — if you can spot them.

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Seven error free ways to identify a signer
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Notarized document expired identification
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October 21, 2016

Building a Wall Around Signing Companies

BUILDING A WALL AROUND SIGNING COMPANIES

Signing companies are invading our territory. They’re lowering rates for signings, not paying people, and micromanaging the people doing signings.

We will build a wall around these signing companies. And let the signing companies not paying people on time pay for it. The good notaries will make good people sign their legible signatures on the wall. The bad notaries will turn to petty crime and write illegible graffiti on the wall.

In addition to the signing companies, too many new notaries are invading our territory, willing to do twenty dollar signings. They’re killers… of the marketplace by working for cheap. Others are executors… of documents that have something wrong with them. . Others are improperly backdating… Or allowing clients to sign incorrectly… They’re misidentifying people… They’re not administering oaths properly…

We will make notaries great again. They’ll become certified on 123notary.com. They’ll start winning again. Believe me, they’ll get so tired of winning, they’ll start losing their minds just to remember what losing feels like!

We’ll impose a temporary ban on all lousy notaries until we can figure out what the hell is going on. We’ll deport the notaries who aren’t doing their jobs back to where they came from, unless they’re already citizens, in which case we’ll export them to countries we’re not that crazy about. We’ll let them come back legally – by letting a competent notary make them swear they won’t screw things up the next time around.

And when that’s finished, we’ll build a wall around my mouth.

In answer to Bernie Sanders and Pink Floyd… We don’t need no (free) education! All in all it’s just another brick in the wall!

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October 20, 2016

Lady Notaries need to show caution

I just talked to one female Notary. Several signers have asked her to go to the bedroom with them. She doesn’t understand this because she is in her fifties. She always sits in a 45 degree angle when presenting the paperwork. You can see who’s coming and who is not that way. You can’t predict what’s in someone’s head. You can also present your paperwork in order that way. This lady carries a gun wherever she goes.

I walked in. We sat there at the table, saw his ID, and proceeded. The documents were about fifty sheets. We finished the signing. He was acting a little strange. The guy wanted me to look at his pictures on the wall. It took 20 minutes just to get to the signing. He showed a picture of a pretty Indian girl. Then he wanted to show me a bigger picture in his bedroom. We talked into the hallway, and he was a big man.

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I’d rather stop being a Notary than carry a gun
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10 ways female notaries can protect themselves
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October 12, 2016

Black Notaries vs. White Notaries — comedy edition

EDDIE GRIFFIN: Man, what’s the difference between white Notaries and black Notaries? I didn’t even know there was such a thing as a Notary until I was 19 and had to get a car title notarized. That was six months after I found out that isn’t is another way of saying ain’t. I would just assume that a bruthah would sign more smoothly than a white Notary.

CHRIS ROCK: In an ideal world, a white Notary would witness signatures, but a black Notary would have a body camera to make sure of what he witnessed.

EDDIE GRIFFIN: You’re making the Notary sound like the Dallas Police force. If I were a black Notary, I’d be more worried about being pulled over by the police. “Registration and Notary seal please, you know the drill.”

CHRIS ROCK: Yeah, but if Notaries were really like police, at loan signings, they would say, “Now reach for your ID, nice and slow — no sudden movements.” while they had the borrowers at gunpoint. I can’t imagine a signing like that — unless it happened in Detroit.

JERRY SEINFELD: And if you did a signing by X, if you knew who the signer had been seeing while married to his ex, then you’d know why she became an ex.

EDDIE GRIFFIN: I don’t think that signing by x is exactly like that, but I’m digging the way you think.

CHRIS ROCK: And by the way — black Notary lives matter, especially if they’re listed on 123notary.

JERRY SEINFELD: But, if you’re signing with an X, you didn’t come from the greatest school, unless you’re Malcolm X.

EDDIE GRIFFIN: With my luck, the minute I became commissioned as a Notary and got in my vehicle, within minutes of leaving the county clerk after taking my Oath, I’d probably get my ass pulled over by the Notary Police — but, for what I don’t know.

POLICE: Do you know how fast you were signing, son? Can I see your Notary Seal Please?

EDDIE GRIFFIN: I just got my Notary commission, I haven’t even used it yet. How come you didn’t pull that white Notary over?

POLICE: We don’t judge a Notary by the color of his ink, but by the content of his character.

EDDIE GRIFFIN: Yeah, you’re a character all right.

POLICE: And by the way, the paper might always be white, but the ink is always black which in my opinion kind of evens the score.

EDDIE GRIFFIN: Yeah, some things ain’t never gonna change.

POLICE: We just wanted to make sure you weren’t notarizing by text and driving at the same time. Just a routine check.

EDDIE GRIFFIN: Yeah, stoppin’ brothers. What could be more routine than that?

JERRY SEINFELD: So, what’s the deal with white Notaries?

CHRIS ROCK: Isn’t that redundant? That’s even whiter than Conan O’Brien’s non-tan lines.

EDDIE GRIFFIN: Man, what is it with white Notaries, ya know what I’m saying? I bet a white Notary would go to a signing in his nice family SUV, and he would park on the street just to be polite. And then he would knock on the door being exactly on time and say, “Hi, my name is Mike — I’m white, and I’m happy and I’ll be your Notary today.” I don’t want to white-wash this, but that’s how I see it.

CONAN O’BRIEN: Yeah, I bet if it were a black Notary he would say, “Hi, I’m Jermaine, and I’m the Notary with the smooth conversation. Check out this alligator skin briefcase. And you’d never believe the story behind it. I was down the street at my brother’s house and his kids were playing in the back yard. Then an alligator came out of nowhere — we live in Florida by the way. I rushed out at ninja speed to get those kids out the yard and got there just in time before that gator damn near bit my nephew’s arm off. Then, I drove home a block away and came back with my samurai sword. I bought it in Tokyo during a vacation and had it shipped to me as a decorative piece. I never dreamed that antique sword from the Mei-Jin period that was used by the great Zatoichi would ever be used again for practical purposes. So, I ran into the backyard with my samurai sword and said — hayyyyyaaa!!!! And I done chopped the gator’s jowels off. I sold the meat to a local taco place and had my neighbor make a briefcase out of it.

And… I got the smoothest pens you ever signed with. They’re like butter. These cost $200 and no — you may not keep them. But, enjoy the signing experience, my stories, and enjoy the ride. By the way — my ride is a stretch limo that I have parked outside. We can continue the signing there if you prefer — drinks included, but not until after you finish signing. And remember — sign responsibly!”

CHRIS ROCK: Yo Conan, you rock!

CONAN O’BRIEN: Ha ha, I’m a brutha with some street knowledge! And by the way, you not only rock, you are a Rock!

EDDIE GRIFFIN: Conan’s a brutha now? What????

JERRY SEINFELD: Black, white, yellow, brown, orange – believe me, none of us are happy.

EDDIE GRIFFIN: Brother, you just made me happy to hear that.

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Honey you can kiss my app
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Demographics in the mobile Notary business
http://blog.123notary.com/?p=15359

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October 4, 2016

SnapDocs has a new feature for bank auto pay within 30 days

Tired of not getting paid on time? SnapDocs (our competitor) has a new feature which we think is helpful. I’m not sure how the feature is used, but you can arrange that companies will auto-pay you within 30 days. Most Notaries are tired of waiting, and not knowing when they will be paid. To be guaranteed payment, and not even have to deal with checks sounds like a wonderful arrangement. Ken has an even better arrangement which is getting paid Paypal up front.

I wonder how you guys would feel if 123notary had a system where slow paying companies would be denied our future search algorithms? That would eliminate a lot of the bad traffic from 123notary and give you only the best. I’m not sure that would help our site, or help you guys that much, but it would make your lives safer and perhaps more pleasant.

Let me know what you think

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September 10, 2016

The Big Con

The Big Con

First, the “sense of urgency”.
Are you available right now, I mean immediately? I have a situation that demands instant resolution. My documents must be notarized and faxed within the hour. The attorneys are, as we speak, waiting for the notarized documents. Very big money is at stake and I will pay for you to cancel any conflicting other jobs. I cannot go into great detail, time is of the essence. How long will it take you to get to my location, only three notary stamps are required. You can also triple your routine fee. You must agree, the situation is extremely urgent and demands your instantaneous response, at any cost.

Second, a smokescreen about details.
I ask the usual what, where and when, what ID he has; and does his ID match the name on the documents. We can go over all of that when you arrive. I need you to depart now to meet me at the FedEx (location given). Instinctively I perceive a nightmare not a dream assignment. I’m not going anywhere until I have more details. I press on for the details. Mixed in with exhortations about instant departure, some details are reluctantly provided. The job is for a deed and related documents. He only mentions that he has “positive ID”, and the notarized documents were drawn by his attorney and has his name.

Third, an odd New York Requirement
My caller mentions arriving in New York solely for getting the documents notarized. Arrival from Boston was only an hour ago. I am told a story that the document can only be notarized in New York City. Now my BS sensor is full scale. Unless I can be convinced that assertion is truthful, I have been told a lie. So, I ask why only in New York City. I am told it is a requirement of the seller of the Boston property. This makes no sense whatsoever. Still intrigued by the caller’s BS, I ask specifically what ID will be shown.

Finally, the big Con is Exposed
I know you are not going to be comfortable with this but the only ID I have with me is a photocopy of my passport! Just a second, I also have my credit card. I ask: am I to understand that you just flew in from Boston, passed airport security with a photocopy of a passport and credit card? Yes, I showed them the documents, and “due to the amounts involved” they accepted my passport copy at Boston airport. My credit card paid for the flight and that was enough for them. They were more sympathetic than you seem to be about my forgetting to bring my wallet with me when I went to the airport.

Well, I now fully understand the situation. It is totally unacceptable to notarize without the original government issued photo ID. Now for some hostility, though still speaking politely. What kind of a notary are you to refuse an urgent request? Not wanting to inflame my caller, I again stress that notaries are subject to regulations; the same as police and taxi drivers – “It would be illegal for me to proceed”.

That ended my involvement with what I perceived to be a Con. Two of the most “powerful” documents that we routinely handle are POAs and Deeds. But, I submit even the most humble of notarized items require full application of all requirements. A “low level” document is a letter of recommendation for the babysitter. Really? I think not. How would you feel being drawn into a situation where your notary work assisted a “monster” obtaining access to a child; and doing something improper? Terrible, of course. Thus, it follows that each time you sign and stamp there is a risk, but that risk can be managed. Wiser heads than mine have established regulations and guidelines for us to adhere to, without exception. It’s never trivial, each notary act is serious, has potential consequences; and must follow the law, to the letter.

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September 5, 2016

Experienced signers are being weeded out of the industry

In the old days, Notaries would make so much money. People could make $150 per signing if they had experience. $125 was a standard fee for Title companies. Unfortunately, even Title companies have lowered their fees to poverty level and hire beginners who fax back tons of pages so the Title company can quality check them. This is a sad state of affairs. But, honestly there is a shortage of qualified Notaries who can be trusted without all of the fax backs.

The problem is that for the few Notaries that are worth paying extra for, there is not enough business. You also cannot make your business model on hiring top notch Notaries since there are so few of them. A top notch Notary on 123notary merits about $110 to $125 per signing and are getting that in real life. There are about 2000 Notaries who are 123notary certified which demonstrates basic knowledge. There are about 250 who are Elite Certified which proves superior Notary skills and understanding. The elite certified Notaries are making the money, but the volume isn’t there. And as a result, many Notaries have dropped out of the profession. It is sad that some of the best Notaries dropped out and even sadder that they dropped out due to price competition.

So, inexperienced Notaries who work for $40 are being phased in while experts are leaving the field. I hope one day that this will change. Let’s pray!

On the other hand, Notaries with experience are weeding themselves off of the SnapDocs database. More and more Notaries are sick of the low-balling and cattle calls that go on over there. They are relying more on their long-term contacts, and other directories as a source of work.

(Added 1-01-2017)
With interest rates on the rise, business is likely to be slow in 2017. Goldman Sachs predicts a slow and steady rise in interest rates over the next year with a tenth of a percent average rise per quarter. This will be very bad for the Notary industry and I pray that we don’t lose our best members.
http://www.marketwatch.com/story/here-are-goldmans-2017-forecasts-for-stocks-oil-and-more-in-one-chart-2016-11-18?link=sfmw_tw

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Organizing the table for efficiency
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Best blog articles for advanced Notaries
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My interpretation of how the Notary industry went South
http://blog.123notary.com/?p=16500

See our string of Snapdocs articles
http://blog.123notary.com/?tag=snapdocs

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August 28, 2016

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