Popular on Twitter 2013 Archives - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice

November 27, 2013

Does Real Estate experience help as a notary?

Filed under: General Articles,Popular on Twitter 2013,Real Estate Entries,SEO — admin @ 12:28 am

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

Comments (4)

November 18, 2013

10 quick changes to your notes that double your calls!

I have been poking around and seeing how the newer listings are performing. Basically, it is bizarre. Some are getting clicks up the yazoo, while others get one click per week. So, I decided to take a closer look and see what is going on.

Obviously, notaries with reviews get tons more work simply because they have credibility from 3rd parties. But, brand new listings don’t have any reviews, so the only thing that makes them different is their NOTES section. So, what did I notice? Many notaries refuse to write a notes section, so I have to make something up for them. I write stuff like: I am reliable, motivated, and personable. These wishy-washy adjectives mean nothing to me, but I wonder what they mean to the browsers on our site. The answer is that they mean something alright! Worse! The ones with nonsense claims using a string of adjectives and commas are getting next to no clicks! So, what works and what doesn’t. The good, the bad and the ugly.

(1) Adjectives: BAD
Example: Reliable, personable, friendly, accurate, detail oriented

Result: Will get you far below average clicks just because you are saying nothing about yourself that sounds REAL to the reader.

(2) Years of experience: So-So
The number doesn’t reflect what you have actually done. Having many years of experience doesn’t count against you, but it also doesn’t count for you.

(3) NNA certification: So-So
Result: Generally, those who claim to be NNA certified do no better than the average notary. If you average it out, those who claim to be NNA certified do oh so slightly better than the average notes section of other newbies. BTW, 90% of notaries on 123notary are NNA certified, so by claiming it on your profile you might as well say, “I am no different than 90% of the other notaries on this site”

(4) Real Estate Agent: So-So
To me this is a waste of space. Those with Real Estate backgrounds fail to realize that despite their self-promoting claims, they really don’t understand the loan documents at all unless they have really studied for at least five hours from a loan signing course. It is not a selling feature because people want to hire you as a notary, and not to sell their house!

(5) Languages: Good
I encourage people to list their language first, before stating anything else. Fluent Spanish; Conversational Cambodian; Some Portuguese. In your notes section you can say how well you speak the language, but NOT in the language field which only accepts the name of the language. Those who put their language skills up front got more clicks, but nothing earthshaking.

(6) Radiuses: Very good
Example: 100 mile radius; or; Travel above 20 miles is charged an extra fee.
The notaries who listed how far they went in a clear and non-verbose way did better on clicks. EVEN if you have restrictions about how far you will go for a charge, the fact that you will go far away means a lot to the readers.

(7) Terms and Conditions: Good
Even if you have extra fees, or large charges, people like getting the facts. They are reading your profile for facts, not fluff.

(8) # of loans: Good
The number of years you have been in business says very little. But, the number of loans says a lot more. If you have done 1000 loans, you might still be ignorant of a lot of what you need to know, but at least you can measure your experience.

(9) Last minute signings: Good
Notaries who do last minute signings got more clicks. Nothing amazing, but they got a lot more jobs as well. Clicks and jobs are not proportional. When it comes down to getting a job assigned, you need someone who will jump when you say jump.

(10) Minimums: Good
Minimums are constrictive, but show that you are professional and mean serious business. We found only three examples of people with minimums. One did a lot better than average while the other two did average. It doesn’t seem to hurt to have a minimum.

Tweets:
(1) Notaries with reviews get tons more work simply because they have credibility from 3rd parties.

(2) Make your notes sound real and believable and you’ll get more clicks. That’s a fact. P.S. – They’re reading your profile for facts, not fluff.

(3) Listing your language skills can help get more clicks.

(4) Clearly stating how far you’ll travel is very good for your business

(5) The number of years you’ve been in business isn’t as important as the number of loans.

You might also like:

How to write a notes section if you are a beginner
http://blog.123notary.com/?p=16698

2014 Excerpts from great notes sections
http://blog.123notary.com/?p=13613

How many financial packages do you mention in your notes?
http://blog.123notary.com/?p=19997

Clarifying vague claims in your notes section
http://blog.123notary.com/?p=4675

Notary Marketing 102 – your notes section
http://blog.123notary.com/?p=19788

Comments (2)

November 4, 2013

How much can a California Notary Public Charge?

Filed under: California_Notary,Popular on Twitter 2013,SEO — Tags: CA Notary, california notary, California Notary Fees, California notary public, Maximum notary fees, Notarized Signature, Notary Public California, notary service, Notary Service in California — admin @ 7:07 am

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

Comments (0)

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

Comments (2)

October 24, 2013

He made $35,000 a month his first year in business?

Filed under: How to get work; Who is getting work,Ninja Theme Articles,NSA Pricing, Fees & Income,Popular on Facebook (A little),Popular on Twitter 2013,Popular Overall — Tags: How to make $35000 per month, Make $35000 per month, notaries — admin @ 4:51 am

He what? He made how much? Am I dreaming? Who is this guy?

I just got off the phone with him. I will not disclose his location or name for his privacy. I just talked with a particular gentleman who has multiple listings on 123notary.com. He says these listings bring him so much business that the phone is ringing off the hook and he is reeling in the business. But, $35,000 a month? He says this is his first year in business as a mobile notary. He hires people on salary to drive around and do signings. He pays for the car and other expenses himself and pays them an hourly salary (not big bucks, so don’t get your hopes up). The sheer volume of business this guy is getting is amazing.

Honestly, from talking to him, he sounds like a very cool guy, and very motivated. He fits the profile of a winner in my book. But, still, this type of success is unprecedented in someone’s first year. I understand that the market is picking up for notaries, but still. We have another gentleman who is running a very similar type of operation and very successfully. He has notaries in four or five states and pays them on salary. He gets business right and left and has a huge staff in the office and in the field.

So, if your business is not all it can be, think about what the personality traits of a success story are. There are many successes on 123notary, and you can be one of them. Be an up beat person who gets the job done and doesn’t create obstacles for others. If others create obstacles for you, then create systematic policies for dealing with these problems instead of complaining. Remember — winners find solutions. My idea is to try to adopt the mind-set of someone whose business is off the hook, and that will help you be one of the notaries who is on your way to a huge success!

Tweets:
(1) He bought 8 listings on 123notary.com, hired people to do signings for him & made $35000/month!
(2) If your business could be better, think about what the personality traits of a success story are.
(3) Be an upbeat person who gets the job done and doesn’t create obstacles for others.
(4) If others create obstacles for you, then create policies for dealing with these problems instead of complaining. Winners find solutions.

You might also like:

$10,000 a month on a bad month
http://blog.123notary.com/?p=3891

The Notary, The Mafia & The FedEx Drop Box
http://blog.123notary.com/?p=3891

Comments (7)

October 23, 2013

What makes a mobile notary a mobile notary?

Filed under: Loan Signing 101,Popular on Twitter 2013,Popular Overall,Signing Tips — Tags: Mobile Notaries, Mobile Notary, Mobile Notary Public — admin @ 9:35 am

We get calls everyday from notaries around the country who want to be a mobile notary. They always ask, “What do I need to do to become a mobile notary?” I tell them to become commissioned as a notary in their state and then get in you car — then you are a notary, and you are mobile.

But, you should really learn how to be specialized in mobile notary work. Notaries who work in an office notarize simple forms all day long. Mobile notaries have to deal with very different issues. Loan signing is no easy task, and there are many snags, delays, and complications along the way. You should take a loan signing course from 123notary.com to learn the ins and outs of the entire procedure from A to Z as well as how to market your service.

But, non-loan signing mobile notary work is complicated too. There is a lot of work going to places where they can’t drive themselves such as hospitals, convalescent homes, jails, prisons, movie sets, busy offices (too busy to drive), and late night visits to people’s homes for last minute travel or school documents.

Mobile Notaries also need to know what to do if people don’t have the right ID. After you have driven 40 minutes to a job, you are invested in the completion of the job. You need to know how to get your trip fee before you see the signer & documents (takes being pushy and negotiating in advance), you need to negotiate your waiting time, and you need to know how to use credible witnesses to identify a signer if there is no ID. Most states allow credible witnesses, but you can research whether yours does or not.

Have fun becoming a mobile notary public. It is a rewarding profession, and 123notary can help you a lot in your pursuit of a profitable mobile notary business.

Tweets:
(1) You just need a notary commission & a car to be a mobile notary, but signing agent training really helps!
(2) Anybody can become a mobile notary, but to be a good one, you need training!

You might also like:

What is a Notary Public?
http://blog.123notary.com/?p=6498

Compilation of Notary stories
http://blog.123notary.com/?p=21898

He made $35,000 a month his first year!
http://blog.123notary.com/?p=3894

Comments (3)

September 7, 2013

Companies that will hire NEW signers!

Filed under: Best Signing Companies,Popular on Facebook (top),Popular on Twitter 2013,Popular Signing Co. Lists,Ultra-Popular — Tags: New Notaries — admin @ 10:01 am

Here are some companies that typically hire new notaries. As a new notary, your primary responsibility to yourself is to get some experience under your belt. Don’t be too picky about how much you get paid or how pleasant it is to work for some of these companies. The outfits that typically will hire newbies low-ball, require fax-backs, and micromanage you to the point of exasperation. But, tolerate this, because that is how you pay your dues and get your experience. Once you have 1000 signings under your belt, the higher paying Title companies will start to notice you a lot more.

Companies that hire new signing agents:

Countrywide
http://www.123notary.com/signco-idv.asp?sid=155&Countrywide+Home+Loans+%2F+Full+Spectrum

Express Notary
http://www.123notary.com/signco-idv.asp?sid=1066&Express+Notary

FASS
http://www.123notary.com/signco-idv.asp?sid=725&First+American+Signature+Services

Firma Signing Solutions
http://www.123notary.com/signco-idv.asp?sid=786&Firma+Signing+Solutions

Global Notary
http://www.123notary.com/signco-idv.asp?sid=762&Global+Notary

HVR Notaries
http://www.123notary.com/signco-idv.asp?sid=849&HVR+Mobile+Notaries
Loan-Closers.com

Mortgage Connect
http://www.123notary.com/signco-idv.asp?sid=814&Mortgage+Connect

Nations Direct
http://www.123notary.com/signco-idv.asp?sid=101&Nations+Direct

New Milleneum
http://www.123notary.com/signco-idv.asp?sid=834&New+Millennium+Title+Group

Notary Direct
http://www.123notary.com/signco-idv.asp?sid=113&Notary+Direct

Signature Line
http://www.123notary.com/signco-idv.asp?sid=855&Signature+Line+Closing+Services

Skye Closings
http://www.123notary.com/signco-idv.asp?sid=798&Skye+Closings

The Closer, LLC
http://www.123notary.com/signco-idv.asp?sid=973&The+Closer%2C+LLC

Vital Signings
http://www.123notary.com/signco-idv.asp?sid=85&Vital+Signing

Tweets:
(1) As a new notary, your primary responsibility to yourself is to get some experience under your belt.
(2) Outfits that typically hire newbies low-ball & micromanage u until u get enough experience to attract higher paying co’s.

You might also like:

Read about low-ball signing companies
http://blog.123notary.com/?p=745

Read about fax-backs
http://blog.123notary.com/?tag=fax-backs

Best signing companies
http://blog.123notary.com/?tag=best

Comments (5)

August 21, 2013

What is a Jurat?

Filed under: Notary Acts & Certificates,Popular on Twitter 2013,Popular Overall — Tags: Jurat, notary acts, Oath, oaths — admin @ 8:49 am

Many people do not fully understand what a Jurat is. The term Jurat is loosely (and incorrectly) used to describe any notarial form. “Just mail me a Jurat” is a common request (that happens to be illegal). Never mail loose certificates. A Jurat is one of many types of notarial acts. Common notary acts include: Acknowledgments, Jurats, Oaths, Affirmations, Protests, and some states allow witnessing, safety box opening, Proofs of Execution and other notary acts. Notary acts and laws differ from state to state.

A Jurat is a Notary Act that typically requires the signer to be identified, although laws in the past in many states did not require the signer to be identified (believe it or not).

The distinguishing characteristic of a Jurat is that it has an accompanying Oath — AND the signer must sign the document before the Notary Public. An Acknowledged signature may be signed hours, days or years before it is notarized! The wording for the Oath is up to the notary. Unfortunately, many notaries are not very good at administering Oaths and some skip the procedure altogether (which is illegal).

You can attach Jurat wording to a document. Or, just write a quick statement that you intend to swear to on a Jurat form. But, if you need an Acknowledgment certificate, don’t ask for “A Jurat”. It is not the same thing legally. Also, please note that the notary is legally forbidden from deciding what type of notarization you need. So, if your Attorney or document custodian doesn’t tell you what type of notarization you need, please ask them before the notary shows up! Good luck!

Tweets:
(1) The term Jurat is loosely (and incorrectly) used to describe any notarial form.
(2) “Just mail me a Jurat,” is a common, but illegal request!
(3) A #Jurat is a notary act requiring the signer 2sign before the notary, swear & be identified.

You might also like:

Basic Notary Acts – Notary Public 101
http://blog.123notary.com/?p=19500

Jurat Definition
http://blog.123notary.com/?p=21342

Jurat wording step by step
http://blog.123notary.com/?p=7875

Comments (3)

May 9, 2013

What is a notary public?

What is a notary?

A notary is a state appointed public official that is authorized to conduct certain types of official acts such as Acknowledgments, Jurats, Oaths, Affirmations, Protests, and sometimes other notary public acts. Since notaries are appointed by their respective states, the laws for notary conduct and what types of official notary acts a notary can do vary from state to state.

Notary Acknowledgments & Identification Requirements
A notary public can execute acknowledgments. Acknowledgments are the most common notary act representing about 80% of all acts done by notaries! The notary must positively identify a signer as the first step in executing an acknowledgment. Identification requirements vary from state to state, but most states allow state issued identification cards, drivers licenses, and passports. As a general rule, any government issued photo-ID with a serial number, expiration date, and physical description is accepted. Social security cards, credit cards and green cards are not acceptable.

Identification through Credible Witnesses
Some states allow a notary to positively identify a signer through the use of credible witnesses who must be identified by the notary and then swear under Oath as to the identity of the signer. Personal knowledge of the signer used to be allowed in most states, but in recent years, notaries are required to rely on more “hard” forms of identification.

Notary Journals
After the identification process is over, the notary must fill out a journal entry in his/her official journal of notarial acts. Not all states require journals, but they should because the journal is the only record of a transaction that the notary has, and can be used in an investigation or in court after the fact. Such an investigation might happen in a few critical cases where fraud is suspected! The signer is required to sign the notary journal which is one of the most important parts of the notary process.

Notary Certificates
The notary must fill out an Acknowledgment Certificate with state specific Acknowledgment verbiage. The Acknowledgment wording can be embedded in the last page of the document, or could be added and stapled as a loose form.

The official notary seal
Notaries typically affix their seal to the notary certificate area in a document or on a loose certificate. This is a very official way that notaries finalize their notary acts. Notaries may use an inked rubber seal. Some states allow a notary public to also use an non-inked embosser which leaves a raised impression in a piece of paper — as a supplemental seal to deter fraud through page swapping.

Jurats
A Jurat is a notary procedure where the notary administers an Oath. The signer has to raise his/her right hand and swear under Oath to the truthfulness of a document or statement in a Jurat form. Additionally, the signer must sign the document in front of the notary for a Jurat, where they can sign long ahead of time for an Acknowledgment. Identification requirements for Jurats vary from state to state. Jurats represent roughly 18% of all notarial acts!

Oaths and Affirmations
Notaries can perform or administer Oaths or Affirmations for clients. They should record such acts in their bound and sequential journal as well. Wording for Oaths is really up to the notary, but some standardized or formal wording is recommended such as, “Do you solemnly swear that the contents of this document are true and correct to the best of your knowledge?”. Or, “Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God?”. The Oath verbiage depends on the situation and the document. However, it should be formal, and the Affiant (Oath taker) must raise their right hand definitively for this type of act. An Affirmation is the same as an Oath except for the fact that the word God is omitted from the Affirmation Verbiage.

Protests
This is an antiquated notary act where someone can protest the non-payment of a bill. I have never met a notary who has actually conducted such a notary act, but most states still include this as one of their official acts.

Acts allowed only in specific states
New York allows notaries to do Safety Box Openings as an official notary act while most other states do not. Rhode Island has something called a Marine Protest which is only an official notary act in Rhode Island. Various states allow notaries to act as a Witness as an official notary act as well. Additionally, please consult your state’s notary division for information about Apostilles and Authentications which typically involve either a local county recorder, the Secretary of State’s office, or a local embassy.

Documents that are commonly notarized.
Many notaries notarized Power of Attorney documents frequently. Notaries are advised not to draft such documents as they are legal documents. However, notaries can notarize signatures on such documents.

Affidavits of all sorts are normally notarized with a Jurat since they are to be sworn to (usually). The notary is forbidden from recommending a particular notary act over another, but they are not prohibited from stating what is “usually” done.

Wills can be notarized by a notary, however, it is generally frowned upon unless given written instructions from an Attorney!

Notaries can not notarize vital records such as Birth Certificates or Marriage Certificates.

A Notary Public can notarize Real Estate or Mortgage documents or loan documents except in certain Attorney states such as Massachusetts or Georgia where there are restrictions. Common loan documents that might be notarized could include Deeds of Trust, Signature Affidavits, Grant Deeds, Quit Claim Deeds, Occupancy Affidavits, and many more!

Where can I find a notary?
123notary has thousands of mobile notaries distributed throughout the United States that you can find on our Find a Notary page. They typically charge a travel fee and specialize in loan documents. To find a stationary notary, please consult your local yellow pages, or call pack & ship places in your area.

How can I become a notary?
Each state has a Secretary of State or Notary Division that appoints notaries. Please visit our state contact page, and contact your state’s notary division for details. Typically, you need to be 18 years old, not have a felony on your criminal record, be a citizen (some states require this), or in many states be legally residing in the United States. Most states have a Notary Public Application Form, and a Notary Public handbook for you to study from. You are normally required to pay an Application fee for becoming a notary, and there could be other fees for recording your Notary Oath of Office as well as the fee for your Stamp, Journal, and other related fees.

Is it worth it to become a notary?
It can be very rewarding to be a notary. You can make a lot of extra money in your spare time if you have a way to attract clients. You can meet new people, and learn new things. Mobile notaries who are good at what they do can make a full time living driving around doing loan signings. You can get a job more easily if the boss knows you are a notary, as that is a skill in high demand at many offices.

Tweets:
(1) A notary is a state appointed public official authorized to conduct certain types of official acts such as Jurats …
(2) A notary public can execute Acknowledgments, Jurats, Protests, Oaths, Affirmations…
(3) A quick guide to being a notary including: journals, seals, identification, witnesses, jurats, oaths & more…

I want to learn more!
Visit our GLOSSARY of notary and mortgage terms, and read more articles in our blog!

You might also like:

Notary Public Information 2018 Edition
http://blog.123notary.com/?p=20075

Notary Public 101 Real Life Scenarios
http://blog.123notary.com/?p=19681

Notary Public 101 Quick Review Pointers
http://blog.123notary.com/?p=19679

10 Risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

Comments (1)

April 30, 2013

Help, I’m being sued, and E&O won’t help

Filed under: Business Tips,Loan Signing 101,Ninja Theme Articles,Notary Mistakes,Popular on Twitter 2013,Popular Overall — Tags: A Notary Gets Sued, A notary public is being sued, e&o insurance, notarial, Notarized, Notarized Affidavit, Notary — admin @ 2:37 am

Dinner was over and it was actually time to call it a day and get some rest when there was a doorbell. The family could not help wonder who inthe world this could be this late in the evening. It was approaching 10:00PM for god’s sake. The lady of the house went to the door and the gentleman standing on her porch asked if she was the Mrs. Xyz and she responded yes and then he proceeded to hand her an envelope. He stated; “You have been served”.

She shut the door curious but at this point not to worried.…she was thinking ‘oh this must be a request for testimony or something of this nature’ but as she began to read the documents to her shock and disbelief….she was being sued!. She was devastated to say the least.

It seems that back a few months she had done a modification and something had gone VERY wrong and now the person who’s signature she had notarized had hired an attorney and he as suing everybody that had been involved in his transaction including the notary. This particular client was claiming that there was intent to commit fraud with all the parties that had been involved with his loan modification. The notary contacted her bonding company and they looked over her evidence and found that she was in the clear. She had done nothing notarially wrong therefore they could be of no use. But what makes it worse is that they refused to represent her. It was basically out of their hands. For those of you that don’t know. Errors and omissions is just for notarial mistakes. It will not benefit you any other way. As in the case of this particular notary she was being included in a fraud case so now she was forced to figure out how she was going to defend herself.

She and her husband discussed it and he felt that she would need to hire an attorney and so that is what they did. But unfortunately they found out that it was not going to be cheap. The attorney kindly informed them that it would be about $30,000 when they were finished. Now as I listened to the story I was in shock. I thought that if that were me in this situation I would just be forced to take a different route. I would have to have to represent myself. I would not be able to afford this large sum of money at all. Personally, I would have made a copy of all work orders and correspondence of the hiring parties along with a copy on my journal entries and a signed and notarized affidavit that I did not know any of the parties involved and would have sent this to all the attorneys involved and hoped for the best. In my years as a notary I have a couple of signers on a couple of occasions that were suing the parties that hired me and this is what I have done and it seemed to suffice and I have never had to attend a court trial. Thank the man upstairs!

It might be naive of me but if you know that you didn’t do anything wrong I don’t feel that you need to spend exorbitant amounts of money to prove it…and if you don’t have it and cant get it then you are forced to defend yourself anyway. It is actually disheartening that we have to be drawn into other peoples drama….Which led to me into thinking that we should have some sort of release of liability document for folks to sign when we notarize their signature. The document should state many things for example,; one, that we are verifying identity and signature only on the document, that we did not have anything to do with the preparation of their document, that we do not know them or are we involved in their transaction in any way. Now, I don’t know if this would protect us totally from any lawsuits but I sure would feel a whole lot better having them signing it. And if unfortunately there was a lawsuit maybe it would offer some sort of protection. It would seem to me that in the situation our notary in the story finds herself if she had such document she would less likely NOT be involved in that lawsuit. I look forward to hearing what some of our attorneys her at 123 have to say about this and would love some input as to exactly what the letter affidavit should say.

I am very interested in what others have to say on this subject. I feel for this notary. The bad news is that she is seriously contemplating giving up her commission and her notary business all together. She has been a notary for over a decade and this ordeal has left a bitter taste in her mouth and I do understand. She and I talked for a very long time and she told me that I made her feel better and that at this point she didn’t feel as alone as she had been feeling. I was glad to be able to do at least that much for her. I wish it could have been more. Let me know what you think!

Until next time…be safe!

Tweets:
(1) The borrower had hired an Attorney to sue everyone who had been involved in the modification including the notary!
(2) It would cost $30,000 for the notary’s Attorney fees to defend her from a crime she never committed!
(3) E&O refused to cover the notary since she didn’t make an error or an omission. It was the Lender’s fault!

You might also like:

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

Do I need $1 million E&O insurance to get more notary business?
http://blog.123notary.com/?p=20183

Comments (7)

Older Posts »

Notary Blog – Signing Tips, Marketing Tips, General Notary Advice – 123notary.com Control Panel

November 27, 2013

November 18, 2013

November 4, 2013

October 26, 2013

October 24, 2013

October 23, 2013

September 7, 2013

August 21, 2013

May 9, 2013

April 30, 2013