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June 19, 2015

How much more does a 123notary certified signer make?

How much more does a 123notary certified signer make compared to a 123notary uncertified signer? The answer is roughly $8 per signing average. I hear a bunch of “buts” in the background. “But, I’m NNA certified, so I’m already certified.” Yes, but you will make more money if you have the knowledge and the show that only 123notary certification offers you. Our numbers are the proof. Not only do 123notary certified notaries get more than double the new incoming calls from our site than 123notary uncertified notaries in comparable spots, but they get paid roughly 8% more as well!

I did a poll of the notaries on our newsletter. I asked what their average signing yielded them. The answers were not always very precise and some round-about. However, I was able to crunch some numbers.

Crunching the Numbers
I crunched figures from the first 22 uncertified notaries who responded.
I crunched averages for the first 20 certified (by 123notary) notaries who responded.
I crunched numbers for 10 Elite certified notaries who responded or who I had talked to previously about fees.
I wasn’t sure what to expect, but then who is.
My results are based on limited information, but enough to get a rough idea.

Average Results
The average Elite certified notary polled claimed they averaged $116 per signing
The average 123notary certified Notary polled claimed they made an average of $110 per signing.
While the average 123notary un-certified Notary polled made an average $102 per signing.

My Surprise
I was surprised that the 123 uncertified Notaries did so well. Most of them lack even the most basic of signing agent education. Most of them don’t know where to find the prepayment penalty or how to explain the APR intelligently let alone understanding the other documents. I am amazed they get paid so much!

$8 Extra per Signing Adds Up to Almost $30,000 in a Decade!
Many Notaries think that they don’t “need” our certification. However, Notaries who pass our certification test know approximately double what those who can’t or didn’t pass our certification test know. Additionally, Notaries who pass our test get double the new calls from our site, although our certification will not help you on other sites. Moreover, Notaries who pass our test get $8 extra per signing. If you do 30 signings per month for 10 years, you will make $28,800 extra as a result of having passed our certification test. So, when you ask yourself if you “need” our certification, also ask if you feel that you “need” an additional $28,800 extra over the next ten years. That can buy you almost a brand new Toyota Corolla after seven years!

$14 Extra per signing + lots more offers makes Elite a good investment
Our Elite certification is intentionally priced higher than our regular certification. We are charging $179 currently. Notaries comment on how that is expensive, but what they should be focusing on is what it can get them. Elite certified notaries have a monopoly on the market. We make it easier for them to get to the highest spot(s) on the list, and people who use 123notary vastly prefer our Elite signers as they are four times as knowledgeable (in my experience) as un-123notary certified Notaries. Getting our Elite certification will make you stand out, get lots more work, and get paid roughly 14% more for the same work! Your entire career could be changed by this one decision. We prefer if you have signed a few thousand loans before you take our Elite course, but that is up to your discretion!

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10 quick changes to your notes that double your calls
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A detailed look at the Elite Ninja course
http://blog.123notary.com/?p=4621

Augmenting your skill set to make more as a notary
http://blog.123notary.com/?p=14150

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June 18, 2015

Do you carry a portable scanner?

Some of the more committed Notaries have mobile offices. They have a computer, printer, scanner, and other equipment in their car. Mobile printing allows you to print on the road instead of having to go all the way home just to wait two hours for documents that never come! But, what about scanning?

These days, Notaries sometimes need to scan identification documents. You might need to email or print out these documents. So, having a portable scanner and printer is a really good idea. These days you can get really small electronics equipment that can get the job done. Just purchase reliable products from good stores that offer customer service just in case. I was tempted to say reliable brands, but sometimes a particular manufacturer might be better at one product and then lose quality a few years later. The electronics industry is a tricky one!

If you use your car as a power source for electronic equipment, consider getting an inverter. Electronic equipment may also drain your battery more than you think, so consult an expert before you do anything. Make sure your vehicle can handle the load.

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June 9, 2015

POA – Proceed on Alert

Filed under: Ken Edelstein,Power of Attorney — Tags: — admin @ 10:22 pm

POA – Proceed On Alert
The Power of Attorney is perhaps the “most powerful” of all notarized documents. Some might argue the most powerful is the Will. I disagree. Wills are probated by a Court, an extended legal procedure with notifications, attorneys, and a Judge involved. On the other hand, someone with “just” a POA can gain access to a safe deposit box, sell a house; and do virtually any other function “for” the Principal who granted Agent power to them. POAs can be limited in authority when the Principal initials selected powers, or they can be, as is more common, unlimited.

There are many addicting drugs, perhaps one of the most addictive is Cocaine, a dangerous drug indeed. I think of the POA as the Cocaine of legal documents. With a properly notarized POA that is unrestricted the Agent can access funds, close accounts, sell property, enter into contracts and sign virtually any document on behalf of the Principal. It is the potential for misuse, and the subsequent litigation that has caused many bank notaries to decline processing all POAs. The bank fears its “deep pockets” will become involved in protracted court cases.

There is a slim ray of sunshine in the Power of Attorney gloom. Persons wanting notarization of POAs often have a legitimate personal gain to follow. They are eager to pay mobile notaries, having been rejected at the bank, pharmacy, etc. So the good news is they are willing to pay, but the bad news is that POAs have a somewhat greater risk to the Notary. It’s a good idea to “double down” on the ID requirements, requiring two “rock solid” IDs prior to notarization. POAs being processed at a hospital, by a patient are especially dangerous. The hospital cannot tell you what drugs the patient is taking. How are you to know if they understand what they are signing? End of Life patients often receive Morphine and other powerful medications.

There is also the general misunderstanding about how POAs are used to consider. Generally, they are surrendered upon use. The bank granting access to a safe deposit box will probably retain the Power of Attorney to protect them against potential litigation. It’s a good idea to inquire if the POA is needed for a “one shot”, such as having an attorney sign at a closing. At the other extreme, someone who will be handling the affairs for an elderly relative might need a dozen or more POAs; for banks, brokerage accounts, even to arrange “call forwarding” of cell numbers. Take the time to determine your client’s real need, and how many they will require.

Plan on spending more time at a POA signing compared to other documents. Often the Principal will “rethink” the transaction. It’s a major “letting go” of individuality; as the documents does permit someone else to sign your name. I have attended POA signings at law firms where the Principal reviewed and expressed the desire to make major changes in the POA; even though the issues and powers have been discussed with the attorney at length prior to my arrival.

Though the POA grants the right to sign the name of someone else, it is not without some limits. If I were to give my Agent an unrestricted POA, they could not use my signature to notarize a document; as that authority cannot be granted to another person. Some notaries have taken the position that the risks are too great and refuse to process POAs. In New York State, where the code requires the notary to “notarize upon demand” if the notarization is legal; it’s a crime to decline. The environment is growing more complex. There are no easy answers.

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May 11, 2015

Here is an easy way to make $4000 more per year

Most notaries are complaining that there is not enough work to go around. They are right — there isn’t. However, there are certain people who get most of the work when there is work. The trick is to become one of those people. The listings that get the most work have a few reviews from satisfied clients, a great notes section, a company name, high placement, and last but not least — 123notary certification.

But, I don’t “Need” your certification. I’m already “certified!”
Unfortunately for you, the people who use our site do not reward notaries for being NNA certified. This is not my decision, it is theirs. NNA certified notaries on 123notary get no more or no less business than any of our other notaries. However, those certified by 123notary get 78% more clicks and more than double (2.5x) the new jobs (generated from our site) than those who aren’t. More than double sounds good to me.

From 3 jobs per week to 3 jobs per day
A few years ago when the economy was better, one notary raved to us that the minute he passed our certification test, he went from getting three jobs per week to three jobs per day. That is phenomenal, and a true story. His luck was considerably better than most other notaries, but statistically, the other notaries did quite well too.

15-100 jobs a year is average
Although the industry is slow, notaries with a p#10 preferential spot on 123notary get around 15-100 jobs per year based on people who we talk to in those positions. Those who get less than that either have already dropped out or will soon drop out. Consider that you are on the low end of the totempole getting 15 jobs a year and our certification helps you get 36 jobs per year. You would be making an additional $2000 per year as a result of your two hours of effort studying and taking our test. That is $1000 per hour assuming you drop out after a single year.

How would the average notary benefit from 123notary certification?
Let’s assume that the average notary stays on 123notary for three years which is somewhat true. The actual number of years for paying listings is around that level although free listings sometimes get removed prematurely if they have bad stats. Let’s say that our average uncertified notary gets 30 jobs per year from our site. Getting certified would raise that total statistically to 75 jobs which is 45 additional jobs which would account for around $4000 extra income in a year. So, multiply three years by $4000 and you get $12000.

Your time is worth $6000 per hour studying for our cert test.
Over the life of your career, the average notary would get $12,000 more income as a result of passing our test which takes about two hours in study time, plus a 6.5 minute online test. Two hours of your time will net you $12,000 in the next several years. It is like a goose that lays golden eggs.

But, you are busy.
What else are you doing that is more important? Many notaries are too busy to do something worth $6000 per hour and get offended when I mention that what they are doing “might” be slightly less important or valuable than studying for our test. What are you doing and what is the value of that work?

Studying for our test: $6000 per hour in long term financial benefit (before expenses)
Doing a notary job: $15-40 per hour (after expenses)
Daydreaming: Zero
Going to a birthday party: Zero
Cleaning house: Zero
Browsing Facebook: Zero
Getting a neck tattoo: Varies

The bottom line is that you clutter your life with tasks which are not optimally valuable, so when an important task needs to be done, you simply don’t have time. My suggestion is that you schedule your other work around your important tasks, rather than putting off the important tasks, otherwise you’ll never get ahead. Schedule your study time in your calendar, make sure your passwords work, and just do it. It might be safer to schedule three non-consecutive days just in case you need more time or have technical difficulties.

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Compilation of certification posts
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NNA signers who failed our test
http://blog.123notary.com/?p=892

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April 24, 2015

A Notary enters the Shark Tank

A NOTARY ENTERS THE SHARK TANK

ENTREPRENEUR: Hi, Sharks. My company is called Good Sign, and I’m seeking an investment of 2 million dollars for 15% of my company.

The sharks laugh derisively at the inflated value he’s assigning to his company.

ENTREPRENEUR: Good Sign will revolutionize the entire signing industry. We will hire notaries around the country and have their sign loans. There are many other companies out there doing exactly this. However, the quality of the work performed by these companies is either sloppy, or they micromanage their notaries to ensure proper work. Micromanaging, fax backs, and other annoying tactics are commonplace.

Our strategy is to keep a database of the track record of the notaries we hire. If they get through a certain amount of loans with no errors, we will eliminate the requirement of fax backs so they will be more willing to work for us in the future. Additionally, we could attract notaries who are favorable by paying them up front via paypal.com

ROBERT: This is an interesting business model. But, how do you intend to get contracts?

ENTREPRENEUR: In this business, we solicit Title companies. They always need hundreds of loans signed per month. We can offer them an affordable rate, and an even better rate if they give us volume.

BARBARA: What if the Title companies don’t pay you on time and the notaries who aren’t “favorable” as you put it want to get paid? Surely you won’t pay everybody up front.

ENTREPRENEUR: This is true. The really good notaries like Ken will be paid up front because he’s so knowledgeable. But, the other notaries will have to wait to get paid. But, worry not. Notaries are used to not getting paid on time. Some wait months. Some check the forums to see who pays on time while others don’t. There is an endless supply of new notaries who are too unseasoned to read the boards, and the minute they wise up, there will be another batch of suckers.

MARK CUBAN: I’m gonna clear the field here. That isn’t particularly ethical, but from what I hear of the other signing companies, they aren’t exactly a dream come true either. And for that reason… I’m out.

MR. WONDERFUL: Let’s get to your ridiculous valuation. You’re asking for 2 million dollars. You’re not a business yet. This is pie in the sky notion. And do you know what pies in the sky do? They fall down and land – splat – on your face. Only clowns are interested in pies in their faces… I’m out.

ENTREPRENEUR: This is a dog eat dog business, and we intend on being the biggest dog, dawg. All we need is $2,000,000 so we have salaries for our schedulers, marketing department and rent in a swanky part of town.

DAYMOND: I have a connection with Jeremy at123notary.com. And he tells me the signing companies who didn’t pay their notaries are mostly out of business by now. And the survivers who didn’t pay up are getting a lot of heat, and barely making it. It’s a dumb idea… I’m out.

ENTREPRENEUR: Well, our dumb idea is the same dumb idea that the other signing companies have.

BARBARA: Yes, exactly, and 80% of the ones that were in business in 2007 are out of business now! I’d be too scared to put my money into this, I’d never see it come back. You’re too early. But I will give you a little advice. Consider starting a signing company on a micro scale in your local area so you learn the ropes. Then, if your business model is superior to the others, come back and talk. But for now… I’m out.

ENTREPRENEUR: I accept your lack of an offer. However, I have one small request for you.

ROBERT: We’re listening

ENTREPRENEUR: Your statement of declining our offer, well, can you fax that back to me? I’ll need this 50 page form filled out and faxed to me. Think of it like a giant fax back request — like what we put the notaries through!

MR. WONDERFUL: You’re dead to me!

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April 22, 2015

30 Point Quiz — Jeopardy

Filed under: Loan Signing 101 — Tags: — admin @ 11:28 pm

In this section, we will test you on some, but not all of the concepts in the 30 point course. Once you feel you are ready, you can email us at info@123notary.com to schedule a time for your over the phone course. If you do extremely well on our test, we might either give you the certification icon, or offer you the certification icon at a discounted price if you didn’t purchase the certification course or loan signing combos in the past. However, we will not reveal how many points you need to earn this certification. Additionally, the content similar to the certification exam would be reflected more in the first 15 questions on the test rather than the last ones!

(1) Other than his loose-lipped girlfriend — The first place you should look for the Lender’s contact information.
What is the ________________ ?

(2) The first place you should query to find Poisoned Prepayment Penalty info without asking the wicked Escrow Officer.
What is the ________________ ?

(3) This type of holiday (mercifully missing meter maids) isn’t factored in to the 3 days a borrower has to cancel their refinance.
What are ___________________ ?

(4) This Mortgage term is similar to The Rate
(batteries, certain fees & closing costs not included; only available at participating locations, restrictions apply; must be 18 or over to enter)
What is _______________?

(5) This is the fee documented in the HUD that can help you get something on the value menu.
What is ___________________?

(6) This Deed lets you take your name off of Title; Think of it as the “Name off Title Affidavit” although you’d be “off” if you thought such a document existed.
What is __________________ ?

(7) This document proves that you reside in the subject property. An if you live in an elevator you’ll need 12 of them.
What is ____________________?

(8) This document is an identity thief’s biggest nightmare as it will have your social security number typed incorrectly and claim that you graduated from Harvard when in reality you went to school online at the University of Phoenix.
What is _______________________ ?

(9) This document makes the borrower agree that they’ll cooperate if clerical changes need to be made in the documents. But it won’t change your loan amount from $200,000 to $20,000,000; so don’t buy the private jet quite yet.
What is _______________________ ?

(10) This loan document takes jazz musicians half an hour to sign in 12 places. About the length of the world’s most annoying drum solo.
What is _____________________?

(11) Many Notaries complete signings incorrectly because they didn’t read this document or the Lender’s mind.
What is _____________________ ?

(12) If you do this on a document, you render it null, void or prohibited by law.
What is ________________ ?

(13) If the names don’t match, you must attach!
If the names on an ID and the documents are inconsistent, or you are doing a Power of Attorney signing, you might need to do this.
What is ___________________ ?

(14) If the borrower introduces you to his girlfriend, ________ you are the Notary. If your borrower introduces you to his girlfriend who is completely naked, call the Lender
What is ___________________ ?

(15) More than once, a secretary in a Title company lost a cashier’s check and the borrower lost their loan. Here is what the Notary should have done to prevent this situation from happening. And don’t get me started on how she misplaced the vanilla hazelnut creamer. Are we being sexist? No. At least a female secretary knows how to make coffee!
What is __________________ ?

(16) This how Samuel Edward Xavier, Jr. would initial.
What is _____________________ ?

(17) This document discloses the APR, and that ain’t no lie.
What is _____________________ ?

(18) The name on the drivers license was Tom Smith, but the Notary refused to notarize because his middle initial and middle finger were somewhere else.
What is __________________ ?

(19) The type of the Notary act must be recorded in the Journal. But, I swear this type of Notary act has no accompanying paperwork.
What is _______________ ?

(20) If black is the new green, this date in January is officially celebrated when St. Patty’s is not. Maybe this question is insensitive, but let’s make a Federal holiday, but not a Federal case out of it.
What is ____________ ?

(21) This type of Notary act can be used to get a university degree officially copied and notarized using a certified copy by document custodian form. It’s almost as easy as getting a fake college degree, or going to the University of Phoenix!
What is ________________?

(22) This type of Notary procedure is used to help elderly people who can’t sign their real name, or remember your name.
What is ___________________ ?

(23) This is a court appointed official that can sign over property when the owner refuses to cooperate in court. When your Quitclaim Deed quits, use one of these.
What is ___________________ ?

(24) This type of Notary seal leaves a raised impression, but not necessarily a good first impression in a piece of paper.
What is __________________ ?

(25) This type of witness is critical in assisting you if you are notarizing someone in jail who has no ID. Whereas your mother in law is just critical.
What is _____________ ?

(26) This section in an Acknowledgment form had a problem because an incorrect county was inscribed. Consequently, the Notary had to use a fresh Acknowledgment form and start all over again.
What is __________________ ?

(27) This action was committed when a signer swapped pages in a document that had already been notarized. The one time a guy chooses to be good at commitment.
What is _____________ ?

(28) This term describes the condition when a Notary will gain financially or in any other way from a document being signed.
What is _________________ ?

(29) This is a state of being where you fail to administer an Oath, omit a thumbprint (assuming you’re not a shop teacher), or forget to identify someone before notarizing them.
What is ________________ ?

(30) E&O insurance protects the Notary if they make an honest mistake during a notarization. But, doesn’t protect the Notary from being sued if they made a non-Notary error during the signing or if this other party made a mistake affecting the loan.
What is __________________________ ?

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A detailed look at the Elite Ninja Course
http://blog.123notary.com/?p=4621

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Point (28-30) Beneficial Interest; Negligence; E&O;

Filed under: (2) Technical and Legal — Tags: — admin @ 10:53 pm

Marcy had to go back to the hospital to notarize Esmerelda, the old lady who could barely talk. Her family assured Marcy that it would be okay this time. Marcy wanted her travel fee in cash at the door. She explained that if the signer was not fit to be notarized, she would legally have to decline notarization, but didn’t want to have any issue getting her travel fee should she decline. A month back, she drove an hour to a jail, waited for another hour only to be told that the inmate had been moved. The client who met her there didn’t want to pay a travel fee because Marcy “didn’t do anything.” Additionally, Marcy would have a beneficial interest in getting the document signed if she didn’t collect her travel fee at the door. She would want it to be signed so she could collect her $30. In any case, they paid Marcy her travel fee. Esmerelda was able to communicate and actually did understand the document. She summarized it. Marcy was able to do the Signature by X procedure and get her notarized that evening.

An hour after the hospital notarization, Marcy had a loan signing. At the signing, the borrower asked about the pre-payment penalty. Marcy found it in a snap since she had been studying what information is in what document (like all good Notaries should.) But, Marcy started to read the pre-payment penalty to the borrower and even explain what the terms of that part of the agreement meant. Marcy had overstepped her bounds. She knew she couldn’t give legal advice, but she wasn’t aware that explaining a prepayment penalty could be construed as legal advice. Luckily for Marcy, the Lender gave her a quick lecture on not giving legal advice, and Marcy was very careful from that moment onwards.

After Marcy’s two jobs, she came home only to find Patricia waiting for her on the front porch. Patricia had something urgent to tell her. One of Patricia’s other friends who was a Notary was getting sued, and her E&O insurance wouldn’t help. Marcy asked why. Patricia said that the error was not a Notary error, and that E&O only insures you against Notary errors or omissions. It was the Lender who made an error, and the borrower was suing everyone in sight. Even the Notary who had nothing to do with it. It would have cost this Notary $30,000 in legal fees to defend herself from this angry borrower. Then Patricia told Marcy what a Hold Harmless Agreement is. The Lender has their documents, but if you make the borrower sign a Hold Harmless, that can prevent them from suing the Notary as they agree not to hold the Notary responsible should anything go wrong with their loan. Patricia was a great source of knowledge tonight. So, Marcy consulted an Attorney and got a quick Hold Harmless Agreement written out, and she kept a stack of them in her car so she would be sure to have one for every loan signing form that day forward. She didn’t want to end up like that other Notary! Good God!

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Point (28) Beneficial Interest
It is illegal to notarize a document that you have a Beneficial Interest in. But, what constitutes Beneficial Interest? If you or a close family member is named in the document as someone who will receive money, or privileges, then you could be said to have Beneficial Interest. If you would gain in any way from the document being signed, you have Beneficial Interest.

One interesting twist on this concept is that Notaries who get a travel fee don’t always collect the fee in advance. If you are in front of the signer who doesn’t have proper ID, and they ask you to notarize them anyway or you won’t get your travel fee, then you have Beneficial Interest. You won’t get your $35 if you don’t comply with their illegal requests. As a Notary, you are expected to uphold the law, and if your travel fee rests on you bending the law for someone, you are not only encouraging yourself to do something questionable, but you have Beneficial Interest in the document being signed which is purely illegal.

Financial Interest means that you will benefit financially from a document being signed, while Beneficial Interest means that you will benefit in one way or the other — perhaps financially, or perhaps in some other way.

Point (29) Negligence
What constitutes Notary negligence?

Failure to administer an Oath
Failure to take a thumbprint in your journal for a deed or Power of Attorney
Failure to identify the signers
Failure to inspect signatures
Failure to make sure signer signs in front of you for a Jurat
Failure to completely fill out a journal entry

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Point (30) E&O insurance

Many companies want to hire Notaries with E&O insurance. It makes the Notary look more professional and covered. In real life, it protects you only from honest mistakes on notarizations. Most of what you are doing involves overseeing large business deals that get sent back to the lender via courier. Most of the problems you could encounter might include signing the wrong way (even though it might be notarized correctly), getting documents back late, a missing bank check, cross-outs, no-shows, or other mistakes. Notary errors on notarized documents might account only for 25% of the problems that occur in signings that could lead to damages.

If the Lender makes a mistake that causes the borrower damages, you could get sued, and E&O will not cover you since YOU were not the one who made a mistake AND because it is not a Notary mistake. One of our Notaries dropped out because she got sued for more than $100,000, because of some fraud that the Lender was accused of committing. The borrower was so angry that they want to sue everyone in sight regardless of fault. Unbelievable!

Additionally, in 2013 Notaries who had enormous E&O packages were being sued on a regular basis. You are like a guy in a Mercedes driving around a slum. You have the word “Target” written on your forehead and taped to your back. Sooner or later you will get mugged. Think like a Ninja. You don’t get mugged — you mug THEM!

My advice is to think carefully before investing in a handsome E&O package. If it will land you a good account with Chicago Title, then do it. Otherwise, it might make sense to have a smaller E&O premium and have all of your borrowers, Lenders and signing companies sign a HOLD HARMLESS agreement. The agreement should be drafted by an Attorney and could state that if there are any damages by negligence or omissions by the Notary, that you (the Borrower or Signer) will not hold the Notary responsible.

You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

The 30 Point Course Final Quiz – Jeopardy!
http://blog.123notary.com/?p=14557

Posts about E&O Insurance
http://blog.123notary.com/?tag=eo-insurance

Help, I’m being sued, and E&O insurance won’t help!
http://blog.123notary.com/?p=3570

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April 21, 2015

Augmenting your skill set to make more money as an NSA!

Notaries are complaining that there isn’t enough work out there! But, what can these notaries do about it? The answer is that there are many avenues to make extra money without compromising your career as a mobile notary! Here are some ideas:

Get More NSA Certifications
Notaries are all over the boards stating opinions about having more certifications is not necessary and just makes money for those selling the certifications. Even some people who hire notaries don’t care about certifications as they care about skills, not badges. My experience has led me to believe that getting more certifications helps notaries to be more knowledgeable, and also helps them to prove their knowledge. If you rant and rave on the phone about how smart you are, nobody will believe it. But, if you can give smart answers to questions and show your badges, then you get real credibility! Otherwise, just studying up on your skills will help too even though it doesn’t get you a badge!

Reverse Mortgage Training
Signing Refinances is relatively easy. But, there are other specialty loan signings that require additional knowledge. Many people do Reverse Mortgages without any formal training. However, imagine how much more trust you would win if you were one of the few notaries who did have training and experience at it? The more you know…

TEA
The NNA offers a Trusted Enrollment Agent program. Those with TEA designation can do additional tasks that get additional jobs. TEA agents are trained to understand digital certificates which are used heavily in the biopharmaceutical industry. They also are trained to understand how to apply to obtain a digital certificate and do identity-proofing. They must also learn to identify and distinguish between different types of identification documents. Word on the street is that TEA jobs don’t always pay well. But, any designation you can get will help. Personally, I feel there should be a choice between an Earl Gray TEA, and an Oolong TEA.

NNA TEA Program
http://activerain.trulia.com/blogsview/445209/nna-trusted-enrollment-agent-program

123notary notaries share opinions about the TEA Program
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2416

More E&O?
In real life, E&O is mostly a fashion statement. Unfortunately, the more you have, the more you invite law-suits since the Plaintiff will know that they might be able to collect. Fancy clients such as some of the nation’s larger Title companies have higher standards for how much E&O a notary should have. So, how much is enough? The number keeps changing. In 2014, half a million was enough to please the most picky Title companies. But, many notaries preferred to have a million just to be a notch better than the others!

Background Screening
The NNA’s new Certification and Background Screening seem to be very necessary, but not for everyone. More seasoned notaries have told me that they get jobs because people know and trust them. But, for newer notaries, you might be missing out on work if you don’t pass their extensive background screening and testing! If you are serious about this business – just do it!

Inspections
Notaries claim that inspections don’t pay much. But, on the other hand, you can go when you like, take a few pictures, take some quick notes, and leave. It is not nearly as demanding as a loan signing which involves rigid scheduling, difficult borrowers, and tons of documents. If you want to augment your income, I suggest that you at least try out doing inspections. You never know — you might like it!

Weddings (I do)
Florida, South Carolina and Maine allow designated notaries to officiate at weddings. I don’t know if you need to be in the clergy to do this or not, but you can inquire. Many notaries get a lot of extra income doing weddings. Or maybe it is the other way around that Wedding Officiants make additional money being notaries.

Process Serving
Every time we write a blog about how notaries can make more money, process serving is always on the list. This is a slightly dangerous way to make extra money as you are serving court documents to criminals. But, if you have bills to pay, it is worth looking into. You can fit this into your schedule, and we all know that notaries have many holes in their schedule, especially during the beginning of the month!

Fingerprinting
The rules for fingerprinting keep changing. In my day (I’m sounding old) we used FBI fingerprint cards and rolled each finger, and then did flat impressions. If you made a mistake you had to do the entire card all over again. Live Scan became the norm in the early 2000’s. I don’t know what is used these days or how expensive it is to get into this, but many people make a good supplement to their income doing fingerprints. Plus it is fun. You get to meet interesting people and book them!

Hospitals & Jails
Many notaries are intimidated about going to a jail, and are not fond of going to hospitals. Newsflash — there’s money in muck. The desirable notary jobs include doing highly paid signings for Attorneys and $200 loan signings. But, honestly, how often do you get those types of jobs? In real life, the jobs that pay the most are often jail and hospital jobs. You need to read our blog’s hospital and jail signing sections to learn all of our free tips on the subject first. But, you can make $100 plus per assignment doing these less pleasant and more hairy notary jobs.

Being a Birthday Clown
If you choose this route, just don’t forget to completely remove your clown makeup before going to a notary job, otherwise the borrowers might get the wrong impression. “Hi, I’m Bozo the Notary!”

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You might also like:

An easy way to make $4000 more per year
http://blog.123notary.com/?p=14162

Best Marketing resources for Notaries
http://blog.123notary.com/?p=16322

Trusted Enrollment Agent TEA
http://blog.123notary.com/?p=21417

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April 19, 2015

Point (25-27) Jails; Venues; Fraud; Marcy Notarizes a Felon!

Filed under: (2) Technical and Legal — Tags: , , , — admin @ 10:27 am

Marcy was being very careful now. She had heard horror stories about Notaries getting sued, and landing in huge trouble. Of course in real life, very few notaries get in trouble. But, they could, and Marcy didn’t want anything in her life to go wrong. She got a call from a guy name Sam. Sam seemed very normal at first. Marcy drove out to the job. She recorded Sam’s ID in her journal. Then, she asked Sam for a thumbprint. Sam seemed reluctant. That was a warning sign if Marcy had ever seen one. Sam said, “You don’t need a thumbprint.” Marcy said, “It is safer for me if I have one.” Marcy didn’t know that Sam’s ID was forged. It looked legitimate. But, she had no way to detect the difference as it was forged by someone very professional. Finally, the guy got desperate as he really needed to get notarized. He gave her the thumbprint. A month later, Marcy got a call from a fraud investigator. Apparently Sam was in a lot of trouble. The Feds were catching up with him. Sam was doing fake transactions in false names for huge dollar amounts and cheating people. Marcy asked if they would like a copy of the journal entry that had a thumbprint. The Feds were very happy that she had taken that thumbprint. Without that one piece of evidence they would be virtually unarmed against this felon! A few weeks later Marcy got a call from the Feds. They caught Sam, whose real name was Charles. They were going to put him away for a long time, and they wouldn’t have been able to convict him without Marcy’s help!

Then, a week later, a Lender had a job for Marcy. It would pay extra. The Lender asked Marcy to save a few extra spaces in her journal. Marcy asked why. The Lender said, “Just do it.” Marcy had never been a fan of corrupt Lenders or Nike commercials. So, she just didn’t do it as she knew that was illegal, although she didn’t know what the Lender had in mind. At the signing, the Lender asked Marcy to put yesterday’s date on the transaction. Marcy declined. Then, the Lender asked if she wanted to get paid. Marcy replied that whatever he was paying wouldn’t do her much good if she was at “county.” And that whatever he was paying her (or not paying her) wouldn’t be a huge loss to him if he were locked up at “county”. A day after the signing, the Lender wanted another favor from Marcy. He wanted her to send a loose Jurat with her stamp on it because the certificate section on the Deed had gotten torn by one of their secretaries. Marcy told him that she would send him a certificate, but not a loose one. She said, “Just send the Deed back to me, and I’ll shred the old certificate and add the new one — that way it is legal.” The Lender didn’t like that and said, “Just send it.” Marcy was fed up by now. She told the Lender she was reporting him to the Secretary of State and for him to never contact her again. Just some advice for Notaries: If you want to stay out of trouble, you should consider declining work from anyone who makes even a suggestion of doing anything illegal!

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Point (25) Identification & Jail Issues
Notaries who visit jails may be very aware that inmates never have an identification document which is suitable for notarization on their person. As a result, they might have their mother, girlfriend, or Attorney come and meet the Notary at the time of the notarization and bring the ID which is hopefully current. Jail wristbands do not constitute acceptable identification. However, many states allow the use of one or two Credible Witnesses. Please consult your state Notary handbook for specific laws relevant to your state.

Many States Allow Credible Witnesses
In California, Florida, and many other states, you can use two Credible Witnesses who know the signer, but who do not know the notary to identify the signer. If you visit jails, you might have to use this method of identification to legally notarize someone who doesn’t have an ID. Make sure these witnesses produce their own ID and sign your journal.

Personal Appearance
Many people do not understand the important concept of personal appearance. To be legally notarized, the signer must personally appear before the Notary. That means they need to be in the same room a few feet away, or on the other side of a glass in a jail. Once I was asked to notarize someone 50 feet away barely visible from a jail window. I couldn’t clearly see the person and I declined to notarize as that person was not personally appearing before me.

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Point (26) Wrong Venue
What if the wrong venue is inscribed within the Notary certificate? What do you do? There are several things you can legally do. You can take a loose certificate, staple it to the document, inscribe the correct venue, and then complete the rest of the form. Or, you can cross-out the incorrect county, initial, and write in the correct county name on the original certificate. The third solution is to notarize the document twice: once with the existing certificate and then a second time with new certificate (two journal entrees necessary in this case) in hopes that one of the two will be accepted by the document custodian. It’s complicated. But, what the law says is acceptable and what the document custodian will accept are often based on two entirely different standards.

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Point (27) Deterring Fraud
Notary Fraud is a serious issue. Fortunately, it doesn’t happen very often. But, it did happen to me. Luckily, due to my prudent practices, I was able to use three pieces of evidence to prove that a particular notarization was indeed done fraudulently. After investigation, we learned that the fraudulent notarization happened to have been done by a crooked Title Officer’s secretary!

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What Constitutes Notary fraud?
There are many types of Notary fraud. Here are a few.

(1) If a signer falsifies an identification document, that would be fraudulent.

(2) If a Notary puts an incorrect date on a notarization on purpose, that would be fraudulent.

(3) If someone uses a Notary’s seal who is not the rightful owner of that seal, that is fraud.

(4) If a signer signs someone else’s name and has that signature notarized, that would be fraud.

(5) If a Notary or anyone else purposely attaches a Notary certificate to a document it is not associated with, that is fraud.

(6) Swapping pages on a document after it has been notarized is fraudulent.

(7) Using an expired Notary Seal is fraud.

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Here are Some Ways to Deter Fraud:

(1) Use an embosser as a secondary seal for all pages of all documents notarized.

(2) Avoid leaving any blanks in notarized documents as those could be filled in after the fact.

(3) Staple Notary certificates to the documents they are associated with.

(4) Take thumbprints in your journal for all notarizations just in case the signer’s ID is forged.

(5) Be thorough when you fill out the additional information sections in an Acknowledgment certificate.

(6) Be sure to indicate how many pages are in the document.

(7) Be sure to indicate the name of the signer, and their capacity if applicable.

(8) Be sure to indicate the document date to better identify it.

(9) Be sure to indicate the name of the document.

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Additional Optional Information for Acknowledgments?
Acknowledgment certificates have room for the document name, document date, and number of pages among other information. This information helps to identify which document it is associated with. Since Title likes to dismantle stapled documents which is a very questionable practice, you need to make sure they know which Acknowledgment goes with which document.

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There are Three Reasons why this Additional Optional Information Should be Required.

(a) If the certificate is accidentally removed from the document, it will be clear which document it is associated with. That would help someone who made an honest mistake.

(b) If a fraudulent person wants to re-attach the certificate to another document, he would be deterred by the fact that there will be evidence to show that he fraudulently attached the certificate to the wrong document.

(c) If a fraudulent person re-attaches the certificate to another document, they can easily be caught after the fact if investigated.

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These reasons are all related, yet all different. You assist the honest re-attaching, you deter fraud, and you catch bad guys when you investigate. Got it?

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You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Course (28-30) Beneficial Interest, Negligence, E&O
http://blog.123notary.com/?p=14532

Seal Forgery, it happened to me
http://blog.123notary.com/?p=724

Fraud & forgery in the Notary profession
http://blog.123notary.com/?p=2294

What is a venue in a notary certificate?
http://blog.123notary.com/?p=8454

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April 12, 2015

Point (18-24) Notary Competence; Marcy’s Hospital Signing

Marcy had never done a hospital signing. But, she liked kids, and was thoughtful towards elderly people as well. She was called to go to St. Joseph’s to do a notarization for a bedridden old lady. When Marcy got to the hospital, she learned that the elderly lady could barely move her arms. Luckily, the lady was able to sign an X in chicken scratchy writing. Marcy was able to get together a few others in the hospital to act as subscribing witnesses. Marcy had studied this procedure since she knew that one day a notarization would be ruined and a client lost if she didn’t know it inside out. She got the subscribing witnesses to sign the first name and the last name next to the X in their own handwriting in the journal and in the document. Next, she asked the old lady to explain the document. Unfortunately, the old lady was so mentally impaired, that she could not get a single sentence out about anything. Marcy didn’t want to end up in court, so she played it safe. She declined to notarize after all of that work. Better safe than sorry, because in a fraud investigation, only God knows how long you would be in court!

The very next day, Marcy got a call from 123notary. They wanted to help her brush up on her knowledge. The girl at 123notary asked, “Name two Federal holidays in January.” Marcy said, “Oh, I know this… um…. Martin Luther King Day… and … I can’t think of the other one.” Marcy forgot about New Year’s Day. This may seem funny, but 9 out of 10 answer this question incorrectly. The answer is too obvious, or since it is celebrated in the last evening of December, it doesn’t seem like it happens in January.

The following day, Marcy got called in to notarize three Grant Deeds for a busy Realtor. They all had the same document date, the same signer, and would all be notarized on the same day. Marcy wanted to mark her journal and the additional information sections of the Acknowledgments with some distinguishing information to tell these documents apart. After all, they had the same name, date, signer, and everything! So, Marcy wrote the document date, the name of the document, # of pages, and some other information in the additional info section, but also wrote the property address as that was the only unique piece of information to separate the three Grant Deeds. Marcy was being smart now and staying out of trouble. After all, she didn’t want someone playing swap the Acknowledgment certificate after the fact. That would be a long court case. Smart — very smart!

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Point (18) Name Variations, Middle Initials & Identification
If the printed name on the signature section of the document says, Tom T Smith, then the signer has to sign that way. Once in a while there is a consistency error where the spelling of the name or the name variation might vary throughout the loan by accident. If the signer’s ID has a shorter version of the signer’s name, then it would be illegal to notarize them under a longer name. For example, the ID says “Tom Smith” and the loan documents say “Tom T Smith”, then you can’t notarize the person under the name “Tom T Smith”.

On the other hand, if the ID says, “Thomas Timothy Smith”, then you can notarize him as Thomas T Smith, or just Thomas Smith in addition to the full name stated on the ID.

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Point (19) Journals
Whatever name you choose to represent the signer that is legal according to your state’s Notary law gets recorded in your journal. Each journal entry must record:

The Date & Time of the notarization
The Type of notarization, i.e. Jurat, Acknowledgment, Oath
The name of the document & optional date of document
The name and address of the signer
The identification of the signer
The Notary fee you are charging
A signature of the signer
There should be space for the thumbprint of the signer to the right.

It is recommended that you take thumbprints for notarizations of any type of document affecting real property such as a Deed, or for Powers of Attorney. Additionally, if the method of identification was credible witnesses which is allowed in many states, you should take a thumbprint just to give extra proof of the person’s identity should it ever be questioned in court.

The most confusing part of a journal entry for Notaries is the additional notes section. What notes should you take? This is where you record information about credible witnesses and their signatures. The witnesses do NOT sign where the signer’s signature goes; otherwise where will the signer sign? You can take notes about the building, or neighborhood, or anything distinctive about the signers or your surroundings. This might jog your memory a few years after the fact should you ever be called into court about the notarization — and some type of investigation will likely happen at least once during your four year term. So, keep well documented evidence for all of your transactions.

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Point (20) Federal Holidays
Please memorize these holidays, and the days or months they fall upon. You will be tested on this.

New Years Day
Martin Luther King Day
Washington’s birthday AKA and observed on Presidents’ day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving
Christmas

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Point (21) Notary Acts: Acknowledgments, Jurats, Oaths, Copy Certification by Document Custodian

(1) Acknowledgments
The signer doesn’t need to sign in front of you for an Acknowledgment. But, they need to appear before you and be positively identified. Do you keep a pad of Acknowledgment forms with your state’s wording? If there is a wording error on the acknowledgment provided to you, and you don’t have a replacement form, you will have to use cross-outs which is very unprofessional. Additionally, the notarization might get rejected if there are cross-outs. Keep a journal even if your state doesn’t require it. That is your evidence when you are investigated for someone’s fraud. You might have to lose a day or more in court if you don’t have your paperwork in order. Take journal thumbprints too, just to be thorough. Be professional, carry Acknowledgment and Jurat pads. Ninjas always carry what they need.

(2) Jurats
Jurats require identification in most states although they didn’t used to many years ago. The signer must sign before you for a Jurat. You must make them swear to the truthfulness of the statement or document as well. Affidavits typically use Jurats, although that is up to your client what type of notarization they want. Don’t forget to administer the Oath to the Affiant, or you are breaking the law! Know your notary procedures.

(3) Copies of a document?
Foreigners often need their transcripts notarized, or copies of their transcripts. The law forbids copies of vital records, but not on transcripts. You should ideally supervise the copying of the records to make sure the copy is real. That is a best practice that you can do as a notary. Some states allow a Copy Certification by Document Custodian form which is a Jurat with some extra wording on it and recognized as its own notary act. Clients were happy that I not only notarized the copy, but made a note on the certificate that I personally supervised the copying, and I signed my brief note as well. People were happy with the thoroughness of my work.

(4) Oaths
What is proper Oath wording? A lot is left to the notary who is generally untrained.
There is no official Oath wording for notaries. So, the Notary is left to improvise. Here is some wording we generally like:

Do you solemnly swear to tell the truth, the whole truth and nothing but the truth?
Are the contents of this document complete, true, and correct to the best of your knowledge?

By the way, the name of the person who swears under Oath is the Affiant.

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Here are some other points about certificates

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Loose Certificates
Don’t send loose certificates in the mail. If the lender wants a new certificate, ask for the document and original certificate, destroy the original, and attach a new one. You do not legally need to see the signer again to do that. There should only be one certificate floating around with the document. Make sure to date the new certificate the date when the notarization was actually done and not today’s date! Important point.

Certificate Wording
Most notaries do not cross out the wording in Acknowledgment sections. Where it says “his/her/their” requires the notary to cross out two of the three. That way, upon reading the edited wording, you know if you are dealing with a single man, single woman, or a plural amount of people. Sometimes the gender of the signer is not obvious based on their name. Signature(s)? What if you have one signer who signed a document twice? Then don’t cross out the (s) buddy! This is not rocket science, but most notaries do not do their cross-outs. This is the one document where you not only get to cross words out, but you are legally required.

Backdating
The date you use for a notarization must be the date of the signing. If it is around midnight, then either the date before or after midnight will do. That is the only exception. If you ask me, I feel that the date on an Acknowledgment should correspond to the minute that the signer signed the notary journal since the document could have been signed before the notarization and the certificate could be filled out after. This is only important if you have a midnight signing, otherwise there is no question about the date.

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Point (22) Elderly Notarizations & Signature by X
If you are a Notary who visits hospitals, you will have to learn how to handle difficult elder signings. Many elders have trouble moving their arms. Additionally, if the nurses have given them drugs, then they might not even be able to stay awake or communicate. You need to make sure the elder is sober. It might be illegal in your state to notarize a signer under the influence of morphine or whatever drug they are on. You also need to make sure the elderly signer understands what they are signing so they don’t get scammed. You need to make sure they are the ones signing the document and not an overly zealous daughter who puts a pen in grandma’s hand, grabs the old lady’s arm and moves it around to make a signature.

Use due caution when notarizing the elderly
Please keep in mind that the well-meaning middle-aged people who call you to visit the hospital to notarize granny might not be the old lady’s children. They might be some strangers who just wanted to “help out” who might be trying to cheat granny out of every penny she owns through a Power of Attorney or some other legal documentation that a senile old person might not mentally grasp. Take precautions to make sure you are not facilitating a scam, and that the elderly signer can state in their own words what the document is about. It might be difficult to ascertain by looking at identification cards who is related to whom as relatives don’t always share the same surname. Just assume that people might not be related and might not have honorable intentions no matter how nice they seem. Otherwise you could end up in court for a very long time!

What is Signature by X?
Signature by X is where the signer being notarized signs an X instead of a regular signature.
Many Notaries go through their entire career without understanding the necessity and importance of the Signature by X / Signature by Mark procedure (Notarizing an X). If you have ever done a hospital signing, or signing for elderly, you might be acutely aware of the physical and mental limitations that a signer has in tasks we take for granted. This often necessitates Signature by X procedures.

What steps are necessary for a Signature by Mark or X?

(1) You need two Subscribing Witnesses who witness the Signature by X.
(2) The signer signs an X in your journal and on the document.
(3) Witness one signs the person’s first name in the document and journal.
(4) Witness two signs the persons middle and last names in the document and journal.
(5) Document the ID’s and signatures of the witnesses in the document and journal.
(6) Keep in mind that this is a very unusual notary procedure and is tricky.

Subscribing Witnesses?
What is a Subscribing Witness? Anyone who witnesses someone signing by X as an official act is a Subscribing Witness. Subscribing Witnesses sign the document and the journal. In California, one witness signs the signer’s first name and the other signer signs the signer’s last and middle name (if there is one). It’s good to create documentation to accompany the document as to what this odd procedure is, since it is uncommon and looks strange. It’s also prudent to indicate the Subscribing Witnesses’ names on the actual document and that they witnessed the Signature by X.

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Point (23) Elizors
I am adding this topic just so notaries can appear intelligent if the subject ever comes up. In my career I have never heard this term, but maybe you will. An Elizor is a court appointed official that can sign over property when the owner refuses to cooperate with the court.

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Point (24) Embossers
An embosser may be used in many states as a supplemental Notary seal. As a secondary seal, the embosser should not use ink. Embossers leave a raised three dimensional impression in paper. If a Notary is prudent and embosses every page of every document they ever notarized, then it will become obvious if pages are swapped after the fact as they would not be embossed. Additionally, in a rare case where a Notary’s seal is forged, the forger will not be likely to be smart enough to also forge the secondary embosser which will make their forgery very obviously detectable. Embossers help to deter and identify fraud. They are highly recommended as a result.

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You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Courses (25-27) Identification, Wrong Venues, Fraud
http://blog.123notary.com/?p=14514

Sending loose certificates is illegal
http://blog.123notary.com/?p=2470

The Signature Affidavit
http://blog.123notary.com/?p=13190

Notary Journals from A to Z
http://blog.123notary.com/?p=8348

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