March 2015 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
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March 29, 2015

Point (14) Explain or Don’t Explain? Marcy Hires a Babysitter

Filed under: Loan Signing 101,Popular on Facebook (some),Popular on Twitter 2014 & 2015 — Tags: — admin @ 9:37 pm

Poor Marcy needed a babysitter. She called one of her regulars named Amy. Amy was a nice girl from the neighborhood. Marcy’s husband was getting on her case about spending too much money on babysitters.

HUSBAND: Why are you running all around town chasing notary jobs when you should be watching our kid?

MARCY: I’m trying to create a career so we’ll have a better future.

HUSBAND: Our future’s just fine. You just stay here, and we’ll make it. We made it so far.

MARCY: I’m tired of just sitting around the house. I’ve done a few dozen signings, and I’m getting the hang of it. There’s money in this!

HUSBAND: Okay, but I don’t like it. I have to work late and our baby will be all alone with a complete stranger!

MARCY: Oh, It’ll be okay.

HUSBAND: I hope you are making more than $20, because that’s what the babysitter is charging us.

MARCY: If I get paid I will.

HUSBAND: IF you get paid? What kind of business is this? I’m putting my foot down! I bet Patricia down the street talked you into this.

MARCY: I already have the appointment and Amy is coming over.

AMY: Hi, I’m here. But, one small thing.

MARCY: Anything.

AMY: I need to have someone come over while you’re gone. Only for a minute. Will that be okay?

MARCY: Well sure. But, who is it?

AMY: It’s for business. It’s not a friend.

MARCY: What kind of business? And at your age? Business?

AMY: Hmmm. To explain or not to explain. I would feel more comfortable not talking about it.

MARCY: Well, if you are having someone come to my house while I’m not here, I need to know who it is.

AMY: Well, it is sort of a guy who helps with paperwork. He stamps stuff…

MARCY: Is he a Notary?

AMY: Oh my God! How did you know?

MARCY: I’m also a Notary, and I’m going out to an assignment right now. I can notarize you for free when I come back.

AMY: Well, it’s kind of private. I’m not sure I want you to see the paperwork.

MARCY: Private? How private are we talking? Something you don’t want your mom to know?

AMY: If she finds out, I’m grounded for life.

MARCY: So, you’re in trouble? And you’re babysitting my kid? What kind of trouble?

AMY: Oh, it won’t affect you. It’s just for a test.

MARCY: Test? Are you on drugs? Or… Oh no.

AMY: I missed my period last month.

MARCY: Oh. I understand. You teenagers need to be more careful. Boys aren’t a game. You can ruin your entire life in an instant!

AMY: I know that now.

MARCY: Okay, you can have whomever you want notarize you, but no boys coming over here tonight or any night. Got it?

AMY: I understand. I’m glad I explained it to you.

MARCY: If you can’t explain, you have nobody to help you. But, if I can’t explain something. I just call the Lender!

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Point (14) When to explain and when not to explain

The points in this section are not too much different from point 13. But, we will go into more detail here. The main point is that general questions about loan documents are for the Notary to explain if your state laws allow for that. Specific questions about the loan require you to call the Lender or Title company.

What should the Notary do under these situations?

(1) Where is my prepayment penalty explained?
Show the borrower the correct page where the information is located.

(2) Why is my prepayment penalty so unfair?
Call the Lender or refer the borrower to the Lender.

(3) What is my loan amount?
Refer the borrower to a document that has this information.

(4) I thought my loan amount was $365,000 and now it is $390,000 with fees. I had no idea it would be so high.
Show them the HUD, and then perhaps call the Lender.

(5) I am supposed to sign my name as Theo T Tango, but my ID only says T Tango, what do I do?
Unfortunately, the Lender can’t help with Notary law issues as they will most likely encourage you to break the law in order to get the loan signed. Try to find a legal way to get the loan signed. Call the Lender if you want to know about using the Signature Affidavit though.

(6) Where is my APR?
Show them the Truth in Lending Disclosure

(7) I was told my APR would be 4.6%, but it is 4.7%
Call the Lender

(8) The signer wants to introduce you to their girlfriend
Politely say hi

(9) The signer wants their girlfriend to join you at the signing — naked
Call the Lender!!!

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

30 Point Course (15) The Prepayment Penalty
http://blog.123notary.com/?p=14447

Loan signing process & Pitfalls: explain the documents, not the loan
http://blog.123notary.com/?p=2780

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March 28, 2015

Signing Companies that went down hill in their reviews

Filed under: Popular on Linked In,Signing Company Gossip — Tags: , , , , , — admin @ 12:37 am

These companies used to have reasonable reviews. In the last year, their reviews took a plunge with many more negative reviews being added to their profile.

North American Signature Service
http://www.123notary.com/forum/topic.asp?TOPIC_ID=5185
A post dated check and a package of 175 pages. The notary asked for a fee adjustment and as told, “I’ll see what I can do.”
This company had reviews that were not that bad before, but they slid into the negative zone recently.

ASAP Pro
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2984
Ratings just went downhill. One notary claimed they always paid him on time until the last two years. Another notary comments that you now have to bug them a little bit to get paid while in the old days they would just pay.

Land and Law Group
http://www.123notary.com/forum/topic.asp?TOPIC_ID=6102
Just got a bunch of new bad reviews for late payment.

Client First
http://www.123notary.com/forum/topic.asp?TOPIC_ID=6809
Has some new reviews for payment issues

Docpros
http://www.123notary.com/forum/topic.asp?TOPIC_ID=5410
Got a few new bad reviews about payment issues

Nations Direct
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2436
More complaints about micromanagement, low pay, and other issues

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March 27, 2015

Notary Etiquette from Atheist to Zombie

Filed under: Comprehensive Guides,Etiquette,Humorous Posts — Tags: , , , , , , — admin @ 6:41 am

AKA: How to be polite when you’re in Affix!

Atheist etiquette
If you are notarizing an Atheist and he/she sneezes, don’t say God bless you.

Don’t sell people’s signatures
If you are notarizing a celebrity — Don’t rip out the portion of your journal with their autograph on it and sell it on ebay. That is considered to be bad manners in certain circles and is also a violation of notary law! Don’t sell your roommate’s notary seal on ebay either.

Don’t second guess family relations.
If you notarize who you think is the guy’s mother, but the woman is the guy’s wife, keep it to yourself. I once asked a guy, if I was going to notarize his mother, then he said, “That’s my wife.” — awkward… Oh, and don’t ask people if they are lesbian lovers even if you are asked to notarized an affidavit of domicile. Let them volunteer that information if they care to do so.

Guns & Religion
If you bring a gun to a signing, don’t talk about other loaded subjects like religion. On the other hand, if you go to a signing in a church, circumvent the issue of circumcision. If the phone rings during a Church signing, if it ain’t Jesus, don’t answer it.

If you are doing a signing for a hunter, should you bring up guns?
It’s worth a shot!

Tips for Notarizing Assassins
Avoid asking an assassin any direct questions such as, “What do you do?” Rather, ask more roundabout open ended questions, such as, “Have you done anything interesting recently with your career?” After all, if their deeds were done in some African country, they can speak freely in the United States about it with no fear of an awkward moment at a party.
If you make a mistake notarizing an assassin, don’t say, “SHOOT!”
If you are doing a signing for an assassin, make sure you include their middle name in the document.
I once asked an assassin, what is the difference between a murder and an assassination — where do you draw the line?

Loud televisions
Instead of bluntly asking someone to turn the TV down, you can say, “It’s very hard to hear you — did you say you liked your rate, or that you were having trouble staying awake?”
If you are mumbling under your breath, “What an idiot” in the context of asking someone to turn their TV down: make sure you say that with a safe margin of error before they actually turn the TV down.
If an elderly relative is watching a loud television. Politely let them know that you don’t want to let them know that you don’t want to become as deaf as they evidently are.

Notary Notes Sections
Rather than write the regular stuff in your notes section, you could write, “I will never insult the borrower, and I have a policy against parking in people’s lawns.”

Going to the bathroom in an outhouse
Notaries should never make a signer feel uncomfortable about having an outhouse. You should gracefully address the issue, but only if you actually are forced by natural causes to use that infrastructure. “I just loved the quarter moon in your outhouse, how quaint.”
“I just loved the latest issue of Outhouse & Gardens that I read while I was doing my business.”

Signings with beautiful women
If they ask you to do a Deed, it will be far more disappointing than doing “The Deed.”

Tips for Notarizing Zombies
It is considered bad manners for the notary to participate in the chanting, especially after they bring out the dead chicken, unless given express permission, otherwise it might cancel out the curse. Never tell a zombie that they look deathly ill — rather, tell them that they look deathly well. If you are having a zombie swear to the authenticity of a curse, it might be wiser to have the swear to a written version of the curse verbiage rather than to have them do a completely sworn Oath (otherwise you might become cursed or start hearing voices.) If asked to notarize a zombie’s death certificate, rather than claiming that it is against notary law to do so, ask them, “Which one?”

Popular Zombie Documents
It is common to have a formal Affidavit of transfer of Custodianship of Soul. This is where the zombie officially grants Power of Attorney to the “Bokor” or sorceror to have full control over their soul and body (or what’s left of it.) Please be advised that many zombies only have half a soul.

If a zombie commits perjury, it is punishable by life in prison. But, it is not stipulated which soul will inhabit the body during the sentence.

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You might also like:

Borrower etiquette from A to Z
http://blog.123notary.com/?p=2995

Notary etiquette from A to Z
http://blog.123notary.com/?p=300

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March 22, 2015

Point (13) Call The Lender? Finding the Prepayment Penalty

Filed under: Loan Signing 101,Popular on Facebook (shares),Popular on Facebook (some) — Tags: , , , — admin @ 10:20 pm

Marcy had been studying up. She didn’t want to make a fool of herself anymore. She went to her next signing prepared.

MARCY: Hi, I’m Marcy, and I’ll be your Signing Agent tonight.

GLORIA: Oh wonderful. It is so nice to see a well prepared Notary.

MARCY: We can start here with the Deed of Trust and I’ll explain the documents as we go along unless you want to start with the HUD and work our way back.

GLORIA: Oh, very sophisticated. You sound like one of those really experienced Notaries who has signed 3000+ loans and advertises on 123notary.com.

MARCY: Well, I’ve signed about 20 by now, and I’m only 2980 short of 3000. I am working on the 123notary course, but haven’t finished it yet, but I’m almost there.

GLORIA: Great. The Deed is fine, the Note is fine, now, why is my APR higher than my Rate in my Note?

MARCY: I just studied this… I know the answer. The APR is the annual percentage relationship between the payments and the amount borrowed, minus the fees. This rate is often used to compare the different loans borrowers have to choose from. The APR is almost always higher than the rate. The rate, on the other hand, is a monthly percentage relationship between the payments and the total amount borrowed, including fees.

GLORIA: Wow, very professional. You are even better prepared than the notaries who signed 3000 loans. They just told me, “It is the cost of the loan expressed as a percentage rate.” Your answer was so professional.

MARCY: I spent two hours memorizing it and I practice daily so I won’t look like a fool.

GLORIA: Oh, no, you don’t. I’m going to tell your boss that you are the best Notary I’ve ever had, and we refinance every five years. Now, where is my prepayment penalty?

MARCY: Oh, just look on the Truth in Lending.

GLORIA: Okay… It says that I will, won’t or might have a prepayment penalty. I’ve gotten more decisive answers from a magic 8 ball. Can you do any better than this?

MARCY: Oh, hmm. I thought it was there. Do you want to call the Lender?

GLORIA: Sorry to lecture you after I complimented you, but aren’t YOU supposed to know this?

MARCY: We could call the magic 8 ball? Better yet, let’s call the Lender.

(ring-ring)

FRANK: Yeah, Frank here.

MARCY: You are the first Lender in human history to actually answer his phone.

FRANK: Glad to be of help.

MARCY: Your customer wants to know what the terms of her prepayment penalty would be.

FRANK: You mean my BORROWER. Never call them customers. Gloria DiStefano. She doesn’t have one.

MARCY: Where is that documented – In the Prepayment Rider?

FRANK: No, if there is no prepayment penalty, then there definitely won’t be a rider. Check the Note. Anything else?

MARCY: We’re good. That was fast. 45 seconds exactly not that I’m counting.

GLORIA: I’m on it. I thought we went over the Note. I guess I skimmed it too fast. Here it is. It says I don’t have a prepayment penalty. Great. I’ll pay the whole thing off tomorrow. That was easy.

MARCY: Sorry, I’ll study harder. But, I am doing so much better than three weeks ago when I first started. I hadn’t a clue then, but now I get most of the questions correct.

GLORIA: That’s good, but you need to get ALL of the questions correctly and handle all situations like a pro if you want my business!

MARCY: Sadly, you are right. I’ll finish my course and review it regularly. I might even take a few other courses too.

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Point (13) Calling the Lender
Notaries are often confused about when to call the Lender. Some Notaries are over-confident and never want to call the Lender while other Notaries call whenever the borrower sneezes. A high quality Notary knows when to call the Lender and when not to bother the Lender. You have to understand many of the common situations that arise when you have a small problem. If you call the Lender, leave a message, and wait 20 minutes and then call again. Call other entities related to the loan too if you can, such as the Signing Company, Escrow, Title, etc. If the Lender does answer, the borrower might talk to them for 45 minutes while you are running late to an appointment. You will save a lot of time and aggravation if you ONLY call the Lender when you absolutely need to.

The 1003
The 1003 Universal Residential Loan Application is the one document that is universally wrong. There are always mistakes on everybody’s 1003. I’m not sure if there is a law requiring it to always be wrong, but it seems like there is some sort of cosmic law mandating that. Since the 1003, and the Good Faith Estimate are not final documents, don’t worry too much about it. Just make sure that the HUD Settlement Statement is correct, otherwise you’ll have to redraw your loan!

The APR
Many borrowers ask why the APR is higher than the Rate. If you study and rehearse explaining the APR, you can save yourself the time and aggravation of calling the Lender only to find out they are not able to answer their phone. The borrower will feel a lot better, and you will have one less problem at your signing.

The Prepayment Penalty
Borrowers ask about their Prepayment Penalty all the time. Look for it either in the Note, or the Prepayment Rider if there is one (and once in a while there is) The borrower can read the terms themselves instead of being frustrated that they can’t find it.

Letter of Instructions
Consult the letter of instructions before beginning any loan. That way you will know what to do if there is a problem. There might even be phone numbers in the instructions.

Specific Questions
If a borrower asks a question that is specific to their loan, call the lender. If they ask a general question about what information is in what loan document, you should know. Study up!

The RTC
What if the borrower signs in the wrong place on the Right to Cancel? Just go to the borrowers’ copies and get a fresh copy. You just saved yourself a lengthy discussion with the Lender.

Errors on Certificates
If there is an error on a Notary certificate, this is purely for the Notary to resolve. Don’t get the Lender involved in your job as you should know your job.

When is my first payment due?
Look in the TIL, HUD, Payment Coupon, but don’t call the Lender unless you have to.

Power of Attorney Signings
Call the Lender regardless. Even if you know exactly how to sign, call the Lender to confirm. Power of Attorney signings are rejected 70% of the time in my experience even if they are done correctly.

If the names printed on the documents are spelled wrong
If there are any problems with names of signers on the documents, you should call the Lender. If the ID doesn’t match the borrower’s name printed on the document, you have a problem. The Lender might not care about what Notary law says, but does want to get the loan signed. If the signer is not comfortable signing the way their name is typed on the document, the loan will probably not fund otherwise, but you can call the Lender or read our section about the Signature Affidavit.

Missing docs or docs the borrower won’t sign
If you are missing any of the loan documents that normally appear in a package, sign the ones that are there, send them back, and call the Lender immediately upon discovery that you are missing a document. Or, if a borrower won’t sign a particular document, call the Lender. You can send it back unsigned at the top of the stack. Or, if the borrower wants to keep it and send it back after talking to the Lender, that is another common option.

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You might also like:

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

30 Point Course (14) Explain or Don’t Explain
http://blog.123notary.com/?p=14440

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

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Point (12) Cross-Outs; Marcy & The Flood Affidavit

Filed under: Loan Signing 101 — Tags: — admin @ 10:06 am

Our friend Marcy is very flustered by now. Everything she does is just plain wrong. But, she has no other way to make a living, so she just continues to, as her friend puts it, “Go out there!”

MARCY: Hi, I’m Marcy, and I’ll be your Notary tonight.

SALLY: Thanks for coming Marcy. Let’s get this signing started.

MARCY: Sounds like a song the way you say it.

SALLY: I listen to a lot of music. I’ve looked over the documents, and everything looks good except for the Flood Affidavit. I refuse to sign this no matter what.

MARCY: Oh boy. I’ll call the Lender. (ring-ring) Nobody answers. I’ll leave a message. “Hi, this is Marcy the Notary for the Rodriguez Signing. Sally Rodriguez is refusing to sign the Flood Affidavit.

SALLY: And one more thing. I don’t like one of the names in the Name Affidavit.

MARCY: Well, in my first Signing Agent course it teaches us to just cross-out any wrong information. Not sure what my second course says as I am only half-way through reading it.

SALLY: How reassuring. I hope it was not the part that was crossed out. I’ll just cross it out.

MARCY: Great. I’ll send these documents back with a note.

Marcy made several more mistakes here. Her self-esteem must be zero right now. Poor Marcy. But, it is her fault for not studying more! First, she did not put the unsigned flood affidavit on the TOP of the package. It was not found until after it was too late. Sally lost her lock as a result and had to pay an extra half a percent interest which cost her $20,000 over the life of the loan. This is partly Sally’s fault for refusing to sign, but partly Marcy’s fault for not putting the note on the top of the package with the document, so whoever opened the package would know there was a problem right away.

The second mistake Marcy made was allowing a cross-out. As a general rule, you cannot make cross-outs on documents. On Notary Certificates you can cross-out, although recorders don’t like it and might reject a Deed with a cross-out. But, on Legal documents crossing something out is as good as shredding the entire document in most cases. White-out is even worst — never use white-out no matter what.

However, there are times when Notaries can and should use cross-outs, so read the text!

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Point (12) Cross-Outs

Notaries are often too happy to cross-out and initial.
Some signing courses teach notaries to cross-out anything which is wrong and have the borrower initial. There are many Lenders (Provident Title being the most famous) that will not allow any cross-outs on any documents no matter what. You will ruin the loan by crossing anything out. So, ask your contact person for permission to cross anything out. If a contact person is not available, read the LETTER OF INSTRUCTIONS. In any case, cross-outs should be done as a last resort if done at all. If the signer won’t sign the document in any case, and you can not find out if the lender will permit them, maybe it is worth the risk to cross something out, if the signer will at least sign the document.

Wrong Names?
If a signer needs to sign his name differently than typed (with permission of the Lender) do NOT cross anything out. The processor will make the necessary changes, just sign as instructed.

The RTC
If the dates are wrong on the right to cancel and there are no borrowers’ copies with the dates left blank, you can cross-out and have the borrowers initial the change in dates. If the borrower signs where it says, “I wish to cancel” and there is no borrower copy, you might be forced to cross-out and have the borrower initial, and hope for the best as there is no other alternative.

Acknowledgment & Jurat Certificates
If a date or county is wrong in a Notary Certificate, it is better to start with a fresh certificate. But, if it is not possible or permitted by the Lender to use a new certificate, you are forced to cross-out and initial. On certificates it is the Notary, not the borrowers, who does the initialing.

County Recorders
The County Clerk is likely to reject a notarization if there are cross-outs in the notary section. For Deeds, be extra careful not to have any smudgy seals, cross-outs, or anything else wrong. Each County Clerk is different and some are pickier than others. As for those who insist on calling a tomato a fruit, don’t even get me started!

The 1003
Borrowers can usually get away with cross-outs on the 1003 as this is not a final document in the loan process. It is still unadvisable to cross things out as the Lender might reject the loan. Lenders often want to sell loans, and if there is anything wrong, then the 3rd party buyer might decline not only that loan, but all of the loans in the package from that particular Lender. So, try to avoid making a mess.

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You might also like:

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

30 Point Course (13) Call The Lender?
http://blog.123notary.com/?p=14421

Cross-out and initial?
http://blog.123notary.com/?tag=cross-out-initial

Cross-out happy; Not a good idea
http://blog.123notary.com/?p=4449

Common mistakes on 1003 and crossing out, RTC, TIL & APR
http://blog.123notary.com/?p=4553

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March 15, 2015

Point (11) Following Directions; Why Marcy Wouldn’t Make a Good GPS

Filed under: (2) Technical and Legal — Tags: — admin @ 12:23 am

Marcy’s Failure in Following Directions

Alternate Title: Why Marcy Wouldn’t Make a Good GPS; She Can’t Follow Directions!

Marcy yet again had another signing before she had finished her course. She knew it all now though. She found out what she had done wrong with the signature affidavit after calling Carmen. She knew not to have drinks on the table. She knew that the 1003 was always wrong. And she knew that Lenders always answer the phone, except during the critical moment when a borrower has a problem at the signing. So, what else could possibly go wrong?

MARCY: I keep making mistakes.

CLAUDIA: Well, I’m your friend, and I’m telling you — you’re going to just go out there, and keep working. You’ll get there.

MARCY: Thanks for the support. Without you I’d just sit home and mope. But, I probably wouldn’t get thrown in jail either.

CLAUDIA: You won’t get thrown in jail. Sued maybe, but not thrown in jail.

MARCY: Thanks… I’m going now… and I’ve learned my lesson the hard way for the third time now.

(at the signing)

MARCY: Hi, I’m Marcy, and I’ll be your notary for the evening.

CYNTHIA: Thanks for coming. Have you done this before? The last notary they sent had no experience.

MARCY: Well, I’ve done a few now, and I owe it all to my friend Claudia.

CYNTHIA: Oh good. So, you know what to watch out for.

MARCY: Yup. Take that glass of water OFF the table. That’s the worst thing to watch out for.

CYNTHIA: Okay, let me sign right here.

MARCY: You just cancelled your loan.

CYNTHIA: I did?

MARCY: Yes.. but, since I did my homework, I know what to do. I am going to go into your borrowers’ copies and get you a fresh Right to Cancel. Please sign right here. I’ll put my hand over where you are not supposed to sign so we don’t ruin this loan like the last.

CYNTHIA: The last?

MARCY: Well, the names didn’t match up and the Lender wasn’t answering his phone.

CYNTHIA: Oh, how confidence-inspiring. But, so far you have saved me from two huge blunders. Thanks!

(later on)

CYNTHIA: We are all done with the package except for this last document. The automatic payment disclosure. But, I won’t sign it without talking to my Lender. What now?

MARCY: Okay, let’s call. (ring-ring) As usual he isn’t there. Oh well. We can send in the rest of the paperwork and then send this one in once you’ve talked to the Lender.

CYNTHIA: I’m not sending anything in.

Marcy overlooked to read the loan instructions. To make this story interesting, Marcy was instructed to call Title, The Signing Company, Escrow, and the Lender if anything went wrong during the signing. She was to call all four numbers. If she had, the Escrow agent always worked late and had alternate numbers for the Lender. Additionally, she could answer even the most difficult questions about the automatic payment disclosure since she was an expert at the topic. But, once again Marcy screwed up. She didn’t follow directions. She didn’t even read it. What if the directions had told her to sign in green ink? How would she know if she didn’t read. Fortunately, this blunder didn’t cost the borrower her loan, and it was the borrower’s fault for being stubborn about sending in the documents. Marcy was only lightly reprimanded for this error.

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Point (11) Following Directions

Notaries are expected to follow directions. (But male Notaries will never ask for directions.) However, each signing company and each Lender wants something different. It can be hard to keep track of each person’s unique instructions. But, you can get fired if you don’t. So pay attention!

Example (a)
Chad was assigned to sign a loan. He was instructed to call the Lender if anything went wrong. The signer didn’t want to sign with their middle initial Z. So, Chad called the signing company and they said the borrower didn’t have to use the Z. So, they signed the loan and sent it back. Chad got fired the next day. Why? Because he was instructed to call the Lender if there was trouble, and nobody else. Chad didn’t follow directions. He insisted, “But, I always call the signing company if something goes wrong.” Don’t do what you always do, do what you are asked to do!

Example (b)
On another loan, Chad was instructed to use blue ink. Since the signing company expected Chad to not follow directions unless they put it in his face, they taped several blue pens to the first page of the loan package. It was blatantly obvious that they wanted the loan signed in blue, because it was for a Florida property. This time Chad followed directions.

Example (c)
In our next example, Chad was instructed to leave a message for the Lender if anything went wrong during the signing.
Chad did a signing for Alex. The signing went well except that Alex didn’t like the HUD. Chad tried to call the Lender that night, but the Lender didn’t answer. So, Chad had Alex sign it anyway, and Chad held on to the documents so that he could reach the Lender the next day. The documents never arrived on time and Alex lost his loan. What did Chad do wrong?

Chad was supposed to leave a message. However, Chad only called the Lender, and gave up when the Lender didn’t answer. Chad never actually left a message. The next thing Chad did wrong was to hold the HUD. If Alex didn’t like the HUD, Alex should hold on to it, not the Notary. Next, Chad should have sent the documents that were signed back to the Lender or Title without delay. Chad forgot to call the Lender the next day because he had eight signings, and the documents never got back on time. The moral of the story is to follow directions to a T and to get the documents back on time.

Example (d)
Korey hires a notary to do a signing for Joe Shmoe. Korey tells the Chad notary that if there is a problem, the notary should call him, and only him, at this one number — otherwise the notary is fired. The notary goes to the signing and finds out that the borrower is named as a seller in the XYZ document. The notary calls Korey and gets, “Hi, this is Korey, I am not here right now…”.

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Q. What should the notary do now?
(a) Convince the borrower to sign and explain the right to cancel
(b) Tell the borrower that if he doesn’t sign, he won’t get his loan
(c) Cancel the signing
(d) Continue the signing
(e) Leave a message
(f) Call the Title Company
(g) Call the signing company

Only 10% get this question correct. The correct answer is to leave a message. You were not instructed to do anything other than that. After you leave a message, you might consider the other options, but leave a message first as that is what you were instructed to do.

Example (e)
The signing company tells Chad to go to the signing and call them when he is parked outside the house. So, Chad goes to the house, parks, goes inside, sits down at the dining room table, and then calls the signing company. Chad didn’t listen!

Example (f)
A Notary’s seal didn’t come out clearly. Title calls him and asks him to send a loose certificate in the mail. The Notary refuses. Did the Notary fail to follow instructions? The answer is that the Notary is obeying a higher authority which is the Secretary of State, which in most states if not all states, forbids Notaries from sending loose certificates that are not stapled to the original document as they might be used for fraud. However, the Notary could request that the original document & certificate be returned to him. The Notary could then destroy the original certificate (by shredding perhaps) and then create another certificate, staple it and send it back without seeing the signer. This would be legal as the certificate section is not required by law to be completed at the time of the notarization, and because the original was destroyed leaving only one certificate per notarization.

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You might also like:

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

30 Point Course (12) Cross-Outs
http://blog.123notary.com/?p=14406

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March 8, 2015

Point (10) Signature Affidavit; Marcy Cancels the Signing

Filed under: (2) Technical and Legal,Popular on Facebook (shares),Popular on Facebook (some) — Tags: , , , , — admin @ 12:01 am

Our friend Marcy had screwed up a few signings by now. But, she wouldn’t give up. She was determined. She was unfortunately determined to go out there because her friends told her to have confidence and go out there. What she really needed to do is more studying before she screwed up anyone else’s loan. Maybe after this screw up she’ll hit the books before she accumulates some more bad karma.

ROCHESTER: Hi, you must be Marcy, the Notary.

MARCY: Sure, yes, just call me Marcy. Oh, that’s what you called me. Yes, I usually go by Marcy.

ROCHESTER: So, can I offer you a glass of orange juice before the signing?

MARCY: Yes, that would be wonderful. But, we’ll put it on a separate table or chair. I don’t want to tell you what happened at Starbucks a few days ago.

ROCHESTER: Oh, I love Starbucks. How could anything go wrong there?

MARCY: Oh boy. Let’s not talk about it. Let’s just make sure nothing goes wrong here.

ROCHESTER: Nothing can go wrong. I went over all the numbers with my Lender this morning. Just relax.

MARCY: Okay, no surprises then. Here are the documents. Let’s sign away.

ROCHESTER: Okay, hmmm. Uh-oh. My name.

MARCY: Your name? Your name is Rochester Smith.

ROCHESTER: That’s the whole thing. The docs have my name as Rochester T Smith. I never sign that way.

MARCY: No problem, I have the Lender’s phone number on speed dial, and your ID has your name as… uh-oh!!! (ring-ring) hmmm, he doesn’t seem to be picking up. Typical Lender. Always there to sell you a loan, but never there when you’re at the signing and something goes wrong. I think we need a 3-way appointment next time to make sure they are available. I’ll just leave a message.

ROCHESTER: Well, I can’t sign like this. I never sign with my middle initial.

MARCY: I can’t notarize you with the middle initial anyway since it is not on your ID.

ROCHESTER: Well, we’ll have to end the signing then. I’m so sorry Marcy.

MARCY: Oh, it’s okay.

Little did Marcy know that she could use the Signature Affidavit and AKA statement to write in all of Rochester’s name variations including the one without the middle initial. They could sign the docs as one of the variations such as printed on his ID, and the loan would go through unless the Lender objected. Lender’s often plan on selling the loan, so they don’t want too many (or any) discrepencies. Since Rochester wouldn’t be able to get another ID, the Lender wouldn’t have too much choice in the matter other than to forfeit the loan after his many hours of involvement. Once again, Marcy ruined another loan because she didn’t do her homework. Sounds like some of the notaries on 123notary who didn’t want to take additional certification courses and tests because they didn’t “need” to. Oh well. Perhaps it is really the Lender’s fault for choosing an untested Notary.

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Point (10) The Signature Affidavit and AKA Statement

Signature Affidavit
There are many variations to this one. Here are some other names: Name Affidavit, Signature Affidavit and AKA Statement, Signature Name Affidavit, etc. These documents are often sworn oaths; if so, make sure to have the borrower(s) raise their right hand and swear to the correctness of the document or whatever the document asks them to swear to. This document is the one where people have to, or are allowed to, list all of their names including previous names from a long time back.

Generally, the name that the borrower is using in all of the documents appears on the top of the page; they have to sign to the right of that. Then, if they have name variations, those will be listed below. The printed name variations are usually on the left while the borrowers should sign to the right. The spelling of the names on the forms are not always correct. The names are obtained from credit reports that, at times, have the names misspelled. Keep your eyes open. Be sure that the borrower signs the variations exactly as they are spelled. Watch them like a hawk. Borrowers always screw this document up. If the names are not their real names, explain to them that the information came from credit reports. The data entry clerks who work at the credit bureau don’t always have good spelling skills. However on this particular document, the borrower has to sign exactly the way the misspelled name is anyway.

Notarizing the Signature Affidavit
This document is almost always notarized. Be careful doing your acknowledgment wording. If the person has one or more name variations, then the wording should be as follows (this is the California wording, it may not apply in other states, and I’ll skip the beginning wording):

The person(s) [cross out the ‘s’] whose name(s) [don’t cross this ‘s’ out although it is a habit] is/are [cross out the ‘is’] subscribed to the within instrument and acknowledged to me that ——— by his/her/their signature(s) [keep the ‘s’] ——-

It is difficult to remember how to fill out the wording for a single person with multiple names. Please refer to the Signature Affidavit in the sample document section to see how the wording is done.

The most important fact about the Signature Affidavit: If a borrower insists on signing in a way that is different from the name printed on the documents, the loan will often (not always, but often) still go through if that name they are using during the signing shows up in the Signature Affidavit. As always, ask the Lender before you use any name variation that is different from what is printed on the signature area of the documents. But, if the Lender doesn’t answer their phone — and they often don’t, then you are forced to use the skills you learned by learning the ropes! Just be sure not to hang yourself with one.

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You might also like:

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

30 Point Course (11) Following Directions
http://blog.123notary.com/?p=14379

The Signature Affidavit
http://blog.123notary.com/?s=signature+affidavit

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

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March 4, 2015

Deceptive Fax Backs: The good ole’ bait and switch tactic

Filed under: Popular on Facebook (A little),Popular on Facebook (shares),Signing Tips — Tags: , , — admin @ 12:47 am

These days notaries are complaining about many things. There is the good old, “They never paid me.” Then there are those who got paid late. Cattle Calls with low-ball offers via email or text are a new source of notary exasperation. But, deceptive fax backs are another source of annoyance and grief.

Did I forget to mention the fax backs?
Notaries have been complaining about fax backs for a long time now. But, the types of issues I have been hearing about have been getting worse. It is common for companies to simply not mention fax backs, or to lie and claim that there are no fax backs. Then, later on, the notary will read the instructions and see that 50 pages of fax backs are required. What should a notary do at this point? Should they demand more money? Even if the signing company agrees, the notary will not likely get the extra cash. Should the notary just cancel the job knowing that they will never get paid for their extra 30 minutes of work? In my opinion, the way you handle this type of situation should be contingent on one fact — do you want to ever work for this company again? If yes, press 1 and do whatever they tell you to. If it is just not worth it in the long run due to bad past experiences, or it is below your well thought out standards then press 2 and tell them to forget about it because they did a bait and switch.

20 pages of fax backs will be necessary!
When negotiating fees, notaries want to know how many pages of documents will be in the package, and how many fax backs. It is typical for a notary to be promised a package of “about” 100 pages with 20 pages of fax backs. When they get the actual package it is 178 pages with 50 pages of fax backs. This happens more than you might think. The key to dealing with this is to have a policy that is well thought out that you create beforehand for how to deal with these types of situations.

If you are flexible, you will just do whatever the companies ask and deal with it.
If you have a lot of other things to do and time is tight, you can have your rate be based on a particular size of package, and then charge an additional rate for each additional page and each additional fax back. If the company signs a contract with you regarding your additional fees (which they will not likely do) then you are in business. However, many companies won’t pay your additional fees after the fact, so incorporate that sad fact into your policy.

Sample Fee Structure for notaries with 1000-3000 loans signed
Signings: $100 (eDocs not included)
eDocuments: $20 for first 100 pages per set; 12 cents for each additional page per set.
If the package is 200 pages, you charge them $32. And refused to work for them again until they pay this.
Fax Backs: $5 for first five, 50 cents for each additional.

Beginners Sample Fee Structure
Signings: $60
eDocuments: $15 for up to 200 pages per set
Fax Backs: Up to 25 included, additionals are 40 cents a page.
Beginners should price themselves low to get at least 500 signings worth of experience, and then consider raising their rates by $5-$10 if the market will tolerate that.

In real life, fax backs are mostly for complete beginners. And for them, I recommend that they just do it without complaining. Signing companies have no other way to ensure that the package was signed correctly. There are many notaries out there who don’t know what they are doing, and they have no way to know that you are the one notary who really does know what they are doing without fax backs, otherwise a half million dollar loan could be ruined which is not worth their risk.

Don’t work for them if they don’t pay the incidentals
If a company won’t pay for incidentals on extras that they didn’t tell you about up front, then don’t work for them again. If you lose too many customers, it is time to increase the number of pages and fax-backs that you will accept for your base fee. There is no right or wrong in rate structures. It is about charging what the market will bear, and not trying to charge based on what you think is fair.

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You might also like:

Signing Companies that require lots of fax backs
http://blog.123notary.com/?p=13088

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March 3, 2015

I was Forged

Filed under: Ken Edelstein — Tags: , , — admin @ 8:12 am

I was Forged
I receive an email, supposedly from Germany. I was asked to verify that I did the notarization on a Will and an Affidavit of Claim. The sender included PDF copies of the two documents. They were hilarious forgeries. The signatures of my name as Notary on the Will, and as Commissioner for Oaths were not even close. Oddly, the first letter of my last name was signed with a lower case “e”, not a capital “E”. I replied that the documents were not signed by me.

The “notarization” of the will did not include an image of my notary stamp. In NY it’s required to either type or print the notary information under the signature. Also, notaries who are not attorneys are not allowed to notarize the signature of the person who the will is for. The will had my name as also notarizing the witnesses. Each name in the notary section was written with a different handwriting. An image of the seal of New York State was copied onto each document, presumably to replace a proper notary seal. It was a mess.

New York City does have a Commissioner of Deeds office, similar to the much more useful statewide Notary function. However, the forger replaced “Deeds” with “Oaths” – clearly this was not the work of a dedicated professional. The amount involved was in the tens of millions, in US dollars. Even stranger: these were to be used to settle in a German court. Usually, US notarized documents bound for other countries receive an Apostille; but it was not present. Of course it could not be. Part of the Apostille issuing procedure (in NY) includes notary signature verification.

So much for the actual forgery; I thought my reply ended my involvement. However, the next email from Germany raised the alarm bells. I was asked if the named beneficiary to the Will was “a fraud” and if the Affidavit of Claim was a fake. Now I was being asked IMHO a legal question. The second reply was very carefully worded. “The determination of fraud and fake are issues to be determined by the courts”. You never really know who is sending the email and if they have a hidden agenda. Write emails in such a manner that they can’t be used against you in litigation.

US currency is designed to thwart counterfeiting. But, if the recipient does not make an effort to examine the cash; even the most inept efforts are successful. In a similar manner, the recipient of a notarization should make some effort to verify its authenticity. An attachment issued by the NY State County Clerks, the Authentication; specifically mentions the signature being verified. Their form is “overstamped” after being affixed to my notarization. The issue of a “cut and paste” of a valid notaries signature onto a document fails under close examination. It might “look good” but a crime lab will find toner not ink in that signature.

As my name is “out there” on the internet it was easy for the person in Germany to obtain my email address. I can only wonder how many other forgeries are out there. Thankfully the forgery was legible and that gave access to me. Which is worse? An illegible signature that does not “point” to the notary, or a clear one that specifically spells your name? Perhaps the legibility was to permit the recipient to “look me up” to verify I was really a notary. What can be done to stop this abuse? Nothing I can think of. Sticking to my registered signature, using stamp and embosser (always) makes it easy to spot a forgery. If you have actually had to appear in court to contest a forgery please leave a comment detailing your experiences.

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

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Best Signing Co. Gossip!

Filed under: Popular Signing Co. Lists,Signing Company Gossip — Tags: , , , , , , — admin @ 3:42 am

(1) There were six signers!
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4481
One Notary claimed: This Avenue 365 signing was supposed to be a standard refinance. But, the signing had six signers while the confirmation only mentioned two signers. “When I asked them to adjust my fee due to the fact there were six signers (which meant more work) the answer was a resounding no! Then, I went to another signing with them and there was an error on the documents. I called to ask for the documents to be redrawn and resent the next day. When the next day arrived and when I called them, I was told that the file had not been assigned to me and the person on the other line said,” “Why are you calling?”

(2) $20 loan signings. Maybe it’s time to raise your minimum?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=6904
One Notary claims: “Some of the N3 Notary jobs were so close, that I did them for $20. But then, after there were so many cancellations, I raised my minimum to $50.”

(3) Sorry, we can’t pay you due to errors
http://www.123notary.com/forum/topic.asp?TOPIC_ID=6899
One Notary claims Signing Stream will agree to your fee, and then doc your pay and claim that some type of errors were made.

(4) 200 page packages
http://www.123notary.com/forum/topic.asp?TOPIC_ID=6817
One Notary claims: Pacific Document Signings tried to claim that the package was 175 pages, when they are usually close to 200 pages in the Notary’s experience. And they want to pay $70 for eDocuments? Another Notary wants to know what “local” means. $85 for local? How close are we talking about?

(5) Paid on time for 3 signings, but what about the other 6?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=5317
One Notary claims to have been paid on time for the first 3 signings by Paramount Signature Services, but the next six never got paid for!

(6) $45 Debt Settlements & $15 print fees?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=5192
One Notary was offered $45 for a Debt Settlement from Professional Settlements Services. Another was offered $15 print fee if the borrower backs out. How generous! Can I work for them too?

(7) A closeline of signings where the Notary was left out to hang!
http://www.123notary.com/forum/topic.asp?TOPIC_ID=6278
One Notary claims that Write n Roll promised a “clothesline” of closings from a particular vendor. But, since the Notary refused to drive a 120 radius for $100, they were left “hanging” (no pun intended.) Did this Notary get taken to the cleaners?

(8) A sadistic way of collecting what’s due!
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2397
Notaries were complaining about not getting paid on time by American Signing Connection, LLC. Then, Ken recommended a very devious way to collect from companies that don’t pay on time. Locate the number that they talk to their clients (not the one they use to talk to the Notary.) Fax your invoice multiple times to that number which will tie up the line and get their attention. Another Notary claimed that she was deceived about the package size and that at the signing, many documents were missing that she was asked to back at a later date to sign for free.

(9) 25 pages to fill out + fax backs? No thanks!
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3430
One notary was told by Mortgage Connect LP there would be no fax backs. The package had 25 pages to be filled out in addition to fax backs. The Notary declined the job and informed their Attorney associated with the assignment.

10) 1 hour to find the lost docs & 2 more to finish the signing that never gets paid!
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2380
During a signing from American Freedom Assurance, Inc., the Notary waited around for over an hour while the customer located the documents and another two hours to complete the signing. He was promised payment within three weeks. The person who made that promise was reported to be, “No longer at that company.” Payment had to be “approved.” 70 days later the Notary demanded payment plus a late fee. Do you think they will get it? Nobody responded to the email.

(11) 4 last minute cancellations + errors on the signing & the redraw!
http://www.123notary.com/forum/topic.asp?TOPIC_ID=6719
The Notary claimed there were four last minute cancellations from Pac Doc Sign. Then, there were errors on the documents. The notary corrected the errors per the request of the signing company. When the borrowers saw the botched paperwork, they refused to sign. Then, new documents were prepared and after the Notary made a 70 mile round trip to the signer a second time – The numbers were found to be all wrong. Good grief!

(12) I quoted him $160, but they said I had already agreed to $115?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2436
Nation’s Direct certainly has developed a new way of negotiating since I worked for them! Maybe agreements should be in writing to avoid all of this he said she said nonsense.

(13) They want you to pay an $18 application fee after you hit submit?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3170
Firma Signing Solutions paid one Notary quickly, but others are wondering about low offers and application fees.

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Websites from some of our best Notaries!
http://blog.123notary.com/?p=14677

What’s the difference between 16 clicks a month and 100?
http://blog.123notary.com/?p=13185

Take our FREE 30 point course!
http://blog.123notary.com/?p=14233

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