March 2012 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice

March 27, 2012

Notary Boiler Plate Wording

Notary Boiler-Plate Wording

Notary wording and notary verbiage differs from state to state. Ohio might have one type of official notary boiler-plate wording on acknowledgment certificates while California notary wording or Florida notary wording might be completely different.

If you are a notary…
To find out what official notary verbiage is in your state for particular notary acts, you should ideally have acknowledgment certificate pads, as well as jurat certificate pads.

If you are not a notary, but need to have a document notarized…
The official notary wording from your state MIGHT be embedded in the signature section of the document already. If not, an experienced notary in your state MIGHT (should) have official pads for common notary acts with the notary verbiage on it.

Is it important to have the right boiler plate wording?
Some states require exact wording, while most states require certain key pieces of information to be included in the wording. The important facts generally are the date of the signing, the name of the notary, the name of the signer, the fact that the signer acknowledges signing the document, the fact the the signer appeared before the notary and proved his/her identity, the signature of the notary (also confusingly called a seal), and the official seal of the notary (stamp).

How to fill out notary certificate wording?
Leave this to the notary. Any notary is supposed to know how to fill out the certificate wording. If you are a single man signing a document and the notary verbiage says he/her/their, then the notary is supposed to know to cross out the her and their, although many are so uneducated that they don’t cross out anything.

Notary personally known wording
Many states no longer allow a notary to use personal knowledge of a signer to identify them. However, if your state allows you to identify a signer based on the signer being personally known to you, then you can indicate that on the notary wording and in your journal (if your state requires a journal).

Resource materials

California Notary Wording / California Notary Verbiage

Colorado Notary Wording / Colorado Acknowledgment Wording

Florida Notary Wording / Florida Notary Verbiage

Illinois Notary Wording / Illinois Notary Verbiage

Michigan Notary Wording / Michigan Notary Verbiage

Texas Notary Wording / Texas Notary Verbiage

Comments (0)

March 23, 2012

Notarization Dates, Document Dates & Signature Dates!

Filed under: Loan Signing 101,Popular on Facebook (shares),Popular on Facebook (some),Popular Overall 2012,SEO,Signing Tips — Tags: Document Dates, notarial, notarial acts, Notarization, Notarization Dates, notary acts, Notary Dates, Signature Date, Signature Dates — admin @ 4:26 am

We had this question as a Facebook competition question. It was fun, but we got too many wrong answers which is a little bit disconcerting. There are different dates you have to be aware of as a notary. Some are more important than others, and each date has its own function.

Signature Dates
The date the signer signs the document is the signature date of the particular signature. There are cases when a husband and wife will sign the same document, but on different dates. People are busy, and two notaries could handle the same paperwork on two separate days with two separate signers. Those split signings are tricky, and are more likely to have to be redrawn. But, just as long as you get paid, don’t stress!

Notarization Dates
The date you notarize someone’s signature is the notarization date. The date corresponds to the signature, not the document. A document could be signed by more than one party on different dates. Or an addendum could be added and signed on another date as well. Its complicated.

Document Dates
This is the question that 90% of the notaries got wrong. I had very few choices of contestants to put in the drawing to win Starbucks! The document date is NOT necessarily the date the document was drawn up, although it usually is. It generally should not be dated after the signing to avoid confusion. It is often dated the day the signing is intended to happen on, and is often dated the day it was drawn, or sometime in between. There is no rule governing when the document date can be. The function of this date is to be an identifying mark on the document to distinguish it from other documents. Of course, if you have ten documents all entitled, “Affidavit“, to be signed by the same two parties, and all having the same document date, it really doesn’t narrow it down.

Your Journal
If you live in a state that doesn’t require journals, please don’t read this paragraph. Actually, do read it, and get a journal anyway. Your journal of official notarial acts is your record of all notary acts that you have done in your commission. It is evidence if you ever have to go to court, or if you are ever questioned about a particular act. It adds to the integrity of the notarization and safeguards against fraud, especially when you take thumbprints for all documents (optional, but recommended). If a fraudulent notarization takes place with someone impostering you, without your journal, you will never have proof that you didn’t notarize that person. Journals keep records in sequential order, so you can go back to July 3rd, 2003, and see that you indeed never notarized Shelly Deeds and her Deed.

Backdating
In your career, you will most likely eventually be asked to put a fraudulent date on your notarial certificate which is refered to as backdating. This is illegal, and you can lose your commission as a result, if you get caught. A lender might need you to date the certificate for the 27th, when its the 28th, so that the borrowers can keep their lock. Its their problem, don’t get involved. Lose the client and keep out of jail! Please see our blog article entitled “Backdating from A to Z”

You might also like:

A lady lost a great account because she wouldn’t backdate!
http://blog.123notary.com/?p=22229

Leave a few spaces open in your journal

The transaction date = the signature date: Feb 2013 Phoninar
http://blog.123notary.com/?p=4054

How do I fill out a journal entry?
http://blog.123notary.com/?p=1725

Comments (2)

March 21, 2012

Background Screening for Notaries?

Filed under: Business Tips,General Articles,Loan Signing 101,Popular Overall 2012,Ultra-Popular — Tags: notaries, Notary, Notary Background Checks, Notary Background Screening — admin @ 4:22 am

Background Screening – who needs it?

Notaries are never quite sure whether background checks and background screening are an important part of the industry, or just a way for the agencies who provide it to make more money. The state and DOJ screen you when you become a notary, right? You can not be a felon and still be a notary, right? So, why a redundant background check? Does it make the signing companies feel better? Do they even want it? The reality is that few companies ever ask notaries for background checks, but a few do. How much work will you lose by not being background checked?

In California or Out of California – it makes a difference
If you are outside of California, aside from getting more inches of rainfall per year, the standards for becoming a notary are different. California has been more stringent in commissioning notaries for more than a decade, than other states in the country. After 2005, it got even harder… a lot harder. Its now very difficult to become a California notary public. The test is murder, and then you need to get live scan fingerprinting (last I checked — and this is always changing), and checked by the DOJ and the FBI, and in some counties of California maybe even the KGB. Okay, maybe not the KGB, but I’m trying to illustrate how picky things are here. Nobody who is the least bit sketchy or questionable will be able to become a notary, unless they didn’t get caught yet. But, what about other states? The rules change from state to state. It is possible that many states are very lax about background checking their notaries, and in those states, maybe the NNA should background check notaries!

A popular topic on the forum
Background checks are a very popular topic on the forum simply because there is so much confusion and emotion tied to the subject. There is nothing notaries hate more than having to do something redundant. Personally, I do redundant things daily, and I don’t mind providing I’m getting a benefit from it. Others don’t see it the way I do based on these blogs.

You might also like:
If you visit the forum and use the search box you can look up many more strings about background checks, but these are the strings that I thought you would like the most!

Question 13: Background Checks
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2673

Background check standards 2010
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4035

2nd Background check by Service Link
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4007

Nations Direct and Background Checks
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3518

Background Screening?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=328

Its back, background check requests
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3442

Comments (1)

March 17, 2012

Oath of two credible witnesses

Filed under: Credible Witnesses — Tags: 2 credible witnesses, Administer an Oath, Notary Public, Oath of 2 credible witnesses, Oath of two credible witnesses, Two credible witnesses — admin @ 3:39 am

Oath of two credible witnesses

We wrote another quick blog entry regarding WHEN you can use the oaths of two credible witnesses to identify a signer. We also specified WHICH STATES you are allowed to use the oaths of two credible witnesses in. Please refer to:

Credible witnesses from A to Z
to learn which states allow the use of oaths from two credible witnesses to identify a signer. If a notary public uses two credible witnesses, then the notary doesn’t need to know those credible witnesses, however, the credible witnesses should be able to tell the notary public the complete name of the signer(s). Please keep in mind that you should not use credible witnesses unless the signer either has no identification, or unless it is too difficult to obtain that identification (generally because it at a different place far away).

Please keep in mind that the notary public must administer an oath to the credible witnesses asking them to swear under oath as to the identity of the signer, and that the credible witnesses should sign the notary journal in the notes section as well. The notary must also identify the credible witnesses by means of identification documents such as a drivers license, passport, etc.

You might also like:

Sample Affidavits & Sample Oaths
http://blog.123notary.com/?p=2372

Comments (0)

March 15, 2012

Electronic Notary Journal Information

Filed under: e-Notarization & e-Signings — Tags: e-notarizations, e-notary, electronic notary, electronic seal, enjoa, enotarizations, personal appearance is required, remote notarizations — admin @ 3:37 am

Electronic Notary Journal Information

It is legal and possible to become an e-notary (electronic notary) in many states. All electronic notaries need an e-journal or electronic journal, and e-seal (electronic seal), and online e-documents to notarize. Please note that personal appearance of the signer is required, so you can not do any remote notarizations using this technology according to current notary laws in 2011 / 2012.

The NNA used to be one of the most robust organizations at promoting e-notarizations, but they abandoned their ENJOA electronic journal program back in 2009. They might still have information about where to point you, but it is unclear at this time. Although the concept of e-notarizations and e-notaries is very interesting, hardly any notaries are actually commissioned to do this type of work.

Here is a site that sells Notary Journal Software for e-notarizations
http://www.topazsystems.com/Software/download/gemtrust.htm

There was another site called the notary shop, but their site didn’t pull up.

You are also encouraged to ask your state notary division where they recommend getting an electronic journal if you are already an e-notary.

Here is a list of states that we do NOT have information about in terms of e-notarizations. We assume these states don’t allow e-notarizations.
Alabama, Alaska, Arkansas, Delaware, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Washington, West Virginia, Wisconsin, Wyoming.

You might also like:

The pros and cons of eNotarizations
http://blog.123notary.com/?p=3672

10 points on eNotarizations
http://blog.123notary.com/?p=228

Comments (1)

March 7, 2012

If you can’t find a witness to sign…

Filed under: Witnessing — Tags: A notary can be a witness, notaries, Notary, Willing to act as a witness — admin @ 3:21 am

If you can’t find a witness to sign a document…

Certain documents such as Wills generally require the signatures of witnesses. It is better if the witness knows the signer, however, sometimes, you just have to get a living breathing human being who is 18 years of age or older.

A notary can be a witness. Some states allow notaries to witness as an official Notary act. But, I have not heard of any state prohibiting a notary from acting as a witness in their capacity as an individual.

You can always try to grab a neighbor or a stranger who will be willing to act as a witness.

It is good to document the witness’s identification, printed name, phone number and address just in case. You might need to find that person after the fact, or prove that they really witnessed a real signature.

Sometimes, a notary might be instructed to notarize the signature of a witness on a Will. Although notaries are generally discouraged from notarizing the signatures of the main signer on a will, I have never heard of a notary being discouraged from notarizing the signature of a witness on a Will.

You might also like:

Can a Notary be a witness?
http://blog.123notary.com/?p=21359

Can a notary witness a will or notarize one?
http://blog.123notary.com/?p=1525

Where do credible witnesses sign the journal?
http://blog.123notary.com/?p=2508

Comments (1)

March 4, 2012

Can an Illinois notary notarize a document in Wisconsin?

Filed under: Illinois Notary — Tags: illinois notary, Louisiana Notary Public, Wisconsin Notary, Wisconsin Notary Journal, Wisconsin Notary Seal — admin @ 3:18 am

Can an Illinois notary notarize a document in Wisconsin?

The answer is simply — NO! A notary public can notarize signatures in their state ONLY. Make sure both of your feet are on the soil of the state that you are commissioned in when you notarize documents. You can meet people right at the border if they are out of state, but make sure that you and the signer are on your side of the border. Imagine doing a signing at four corners in the Southwest! You could be in four states simultaneously and eat fry-bread too!

Notary Public Illinois –
If you are an Illinois notary public, please keep your notarizations to Illinois only. However, the Wisconsin notary division might allow you to apply to become a Wisconsin notary public. If you have a dual commission, then you can use your Wisconsin notary seal and Wisconsin notary journal to notarize documents on the WI side of the border and you will be within the limits of the law.

What about Louisiana Notary Law?
Louisiana is a very strange state. It has kept the laws from the colonial days when it was under Spanish and French rules. The laws are as ecclectic as the evolution of their cuisine that kept adding influences from immigrant cultures for hundreds of years. Someone could do a PhD on the evolution of Gumbo and how it went from being African, to having Spanish and Italian influences, and then how people like to use French Anduille sausange to this dish now. Wow! I’m getting hungry thinking about Louisiana. But, the bottom line is that Louisiana has PARISHES, not counties, and notaries can be commissioned in their home parish, or a group of a few reciprocal parishes, or have statewide jurisdiction. This is the only state I have heard of that has restrictions for what part of the state you can notarize in. See our Louisiana notary public search page!

You might also like:

Can a notary sign an out of state Quit Claim Deed?
http://blog.123notary.com/?p=2182

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

Notary Acknowledgment information
http://blog.123notary.com/?p=1199

Comments (0)

March 1, 2012

Sample Affidavits & Sample Oaths

Filed under: Notary Acts & Certificates,Ultra-Popular — Tags: Accompanying Oath, How do you word an Oath?, Oath Verbiage, Omission of Oath, Omit the Oath — admin @ 3:02 am

Notaries have to perform Oaths as part of their job. But, many have no idea how to do this. If you are notarizing an Affidavit, you generally use a Jurat form, and you need an accompanying Oath. It is an infraction of notary law to omit the Oath, so don’t forget!

How do you word an Oath?

Let’s say, that you have an Affidavit about some business arrangement in front of you. You watch the signer sign the document in front of you as is required. Then, it is Oath time…

Oaths generally begin with:
“Please raise your right hand!”
“Do you solemnly swear…” You could begin with, “Do you solemnly swear to tell the truth, the whole truth and nothing but the truth?”

But, what is the purpose of the Oath about the Affidavit? You need to have the signer swear that they understand the document, agree to the document, and will abide by the terms of the document which is usually some sort of contract.

When I was doing this job, my standard Oath verbiage was:
“Please raise your right hand… Do you solemnly swear that the contents of this document are true and correct, that you agree to it, and will abide by the terms in this document?”

The answer that I accept is a clear, “I do”. I never accept grunts, or uhs, or ahs. People don’t always take Oaths seriously, but I do, or should I say, “I do!”.

If you are notarizing five affidavits for an individual, do one separate Oath for each notarized document or signature.

Good luck!

You might also like:

When are you required by law to do Oaths?
http://blog.123notary.com/?p=21017

Affidavit of Support
http://blog.123notary.com/?p=17528

Notary Public Oath of Office Information
http://blog.123notary.com/?p=2545

Airline meals verses Notary Oaths & Affirmations
http://blog.123notary.com/?p=19549

Oaths – How Notaries completely screw them up!
http://blog.123notary.com/?p=19369

Comments (1)

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

March 27, 2012

March 23, 2012

March 21, 2012

March 17, 2012

March 15, 2012

March 7, 2012

March 4, 2012

March 1, 2012