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April 19, 2016

Good Deed Bad Deed

A deed is a document that transfers ownership of real estate from grantor to grantee. As there are usually two parties involved, the grantee wants to “receive the most” and the grantor wants to “give the least”. For this reason there is a gradient of “what is given”, ranging from virtually nothing being assured, to virtually absolute assurance going to the grantee.

Quit Claim Deed – used to transfer whatever ownership the grantor may have, possibly none whatsoever due to a title flaw. Grantee has no recourse. It’s also used to change vesting errors when a spelling error is in the vesting. It makes no warranty whatsoever.

Fiduciary Deed – issued by an agent (trustee, guardian, executor) acting in official capacity. Only the authority of the agent is warranted, think Quit Claim by other than “owner”. Often used by estates, trusts, sheriffs sales.

Bargain and Sale Deed – similar to Quit Claim, but the property is being sold rather than just relinquished. It does not guarantee that sellers’ ownership of the property is free and clear. Often used to transfer court seized property where the title chain is uncertain.

Trust Deed / Deed of Trust – used to secure a mortgage or note. It gives the trustee (typically the bank) the right to sell the property if the borrower defaults.

Grant Deed – provides assurance that the grantor owns the property and has not previously sold the property. And that there are no liens or encumbrances (made by the grantor) unless disclosed in the deed. Essentially saying the property is free of debt (of or by the grantor).

Special/Limited Warranty Deed – the grantor warrants clear title except for issues that existed prior to the grantor taking possession or are mentioned in the deed. Essentially the grantor is giving assurance that they did nothing to hinder clear title transfer. But, issues typically unknown to seller regarding title are not covered. Usually title insurance is required with the S/L WD to obtain bank approval for loans.

General Warranty Deed – Grantor conveys, without limitation, all of their right, title and interest to the property. Guaranteeing they are the rightful owner, property is free and clear of all encumbrances and debt (unless mentioned in deed). A key provision is that the grantor warrants the entire title chain, including issues prior to their taking possession to be clear, similar to title insurance. Grantor warrants having current title and possession.

Thus at one end of the spectrum is the quit claim deed, essentially saying “if it’s mine, it’s yours”; to the general warranty deed. With the GWD giving assurances as to clear ownership and the “Covenant of Quiet Enjoyment”. The COQE assuring the grantee will not be disturbed or dispossessed by a party having a lien or superior title. As is so often the case with legal documents, the devil is in the details. Fortunately, the title of the deed can quickly eliminate formats that are undesired. However, deeds are usually associated with purchases involving large sums of money, often the largest single purchase in a person’s lifetime. Many review the HUD, TIL, Note and Mortgage very carefully. But, they assume “a deed is a deed”. It’s best to have a skilled real estate attorney explain the deed prior to signing this important document.

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You might also like:

The Closing Disclosure
http://blog.123notary.com/?tag=closing-disclosure

The Signature Affidavit
http://blog.123notary.com/?tag=signature-affidavit

The Compliance Agreement
http://blog.123notary.com/?tag=compliance-agreement

Our string on Power of Attorney posts
http://blog.123notary.com/?tag=power-of-attorney

The Deed of Trust
http://blog.123notary.com/?tag=deed-of-trust

Affidavits — in general
http://blog.123notary.com/?tag=affidavit

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

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April 12, 2016

Handling Aggressive Callers

Filed under: Etiquette,Ken Edelstein — Tags: , — admin @ 2:45 am

Handling Aggressive Callers
Perhaps it’s because I live in New York City. Fortunately, the aggressive caller is really a rare event. But, they do occur and it can be a challenge to handle the call. Some want to transfer their problem to a notary, others have exploitation in mind. The worst, due to upbringing or position are used to having things precisely their own way. As notaries we facilitate, within the bounds of reality and legality, their objectives. But, that does not require us to be manipulated.

Our fees are often a point of contention. Some, used to going to the bank and obtaining free services consider mobile notaries on Sunday to be appropriate replacements. Blithely ignoring the fact that expenses and time are incurred going to them, the often demand free or trivial charges. I have been told that as a “public servant” it is my “duty” to acquiesce to outrageous demands. Well, I for one am not any kind of “servant”. It’s a challenge to communicate with these people, but that is what we must do.

Don’t throw gasoline on the fire! An indignant or hostile response to aggression will only escalate the problem. Professional prize fighters know to deflect a punch, redirecting its energy away from them. In a similar manner providing an alternative (to you) notary service often works. I generally suggest the office of the County Clerk – in NY State they notarize at no charge. Be helpful. Even if you do not want this particular client; you can still provide them with some procedural information. It’s not legal advice to suggest they bring Govt. issued photo ID to some other notary. Being helpful will diminish the other persons rage.

Don’t take the bait to respond in kind. Assume a recording device is in use. Make sure that what you say on the phone is accurate and polite. Many “rabble rousers” will quickly disappear when they realize you are not taking the bait. A calm flat professional tone of voice, devoid of emotion works wonders. I have a standard reply for “semi-insulting” comments. I tell them “thank you for sharing your opinion”. Of course true screaming profanity receives an instant hang up.

I had one nut on a vendetta. That person called me 9 times, insisting that I explain in detail the procedure to process an Apostille. After the third call I started a log. With each subsequent call my only response was that I am logging the date and time and my request to not call again. Also, that I would file a criminal complaint for harassment with the police. Now I have Extreme Call Blocker software on the phone. Duds connect for half a second, and then the call is disconnected.

It’s all about being in control of the call; which of course starts with being in control of yourself. I have found that silence on my part often works well. Eventually they say “are you there”? A response of “I was listening carefully to what you had to say and was waiting for when you would give me an opportunity to respond”, politeness does defeat hostility.

There are many possible reasons that you cannot continue to remain on a hopeless call. Perhaps you have a call from France on hold, or you might be booked for the next few days. Generally, the less you say the better. Sometimes frankness works. One aggressive caller chided me for not having a walk in facility. “You are supposed to”. I responded my revenue would not pay Manhattan rent, it was just economically unfeasible. But, sometimes the “devil” on my shoulder gets the better of me. “The only way I could provide you a walk in facility is if you pay the rent!”

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You might also like:

Unilateral commitments in the Notary profession
http://blog.123notary.com/?p=15812

Notary Respect
http://blog.123notary.com/?p=15367

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April 11, 2016

Minimum wage for Notaries

I was thinking about this yesterday. Notaries would be much more happy if there was some sort of a minimum wage. I remember Ben Carson claimed that there should be a separate minimum wage for people fresh out of high school or college otherwise they might never get hired. Personally, I think the government should stay out of wage setting as it creates artificial market situations which might make it too expensive to do business. If someone is sluggish, minimum wage might be more than they merit. And when you combine minimum wage with taxes, insurance, unemployment, and the rest, it might lead many to outsource their work overseas!

Our average Notary averages $105 per signing.
But, you can’t outsource Notary work overseas — at least not yet. Notaries would feel like they were being treated better if they were paid a fair wage. On the other hand, Notaries surveyed half a year ago were averaging about $105 per signing which is not bad at all. Just because you get bad offers doesn’t mean that you actually do signings for $60. It is sort of like looking at the asking prices for houses on the market. The asking price and the sale price are often very different and will give you a distorted view of the market.

Do beginners have merit?
In any case, I feel that beginner Notaries with no experience and no 123notary certification do not merit a minimum wage. Most of the Notaries I test by phone do not know their documents, signing terminology and additionally do even worse when I ask them simple Notary questions. The fact is that we have a lot of unqualified people out there who feel they are worth a lot. In addition to minimum wage for Notaries, I feel there should be minimum standards as well. I feel that our new 30 point test should be the standard, and a particular test result such as a 14 or 15 should be the minimum to be hired at all.

What should qualified Notaries make?
A Notary who has signed 400 loans (and an prove it with journals) and who has passed the 30 point test with an adequate score in my opinion is entitled to some sort of standardized minimum wage. I feel that

$60 per signing of 5-99 pages
$65 per signing of 100-125 pages
$70 per signing of 126-150 pages
$80 per signing of 150+ pages
10 cents per page for printing
50 cents per page for fax backs

I feel that a Notary with good test scores who has signed 4000 or more loans deserves a lot more than this, but the market can determine their value. Just because you test well, doesn’t mean you show up on time, well dressed and with a good attitude.

What do you think a fair minimum wage for qualified Notaries should be? What about for not so qualified Notaries?

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You might also like:

$40 for a signing 72 miles away?
http://blog.123notary.com/?p=14959

Is $75 enough to print 2 sets of docs, notarize & do faxbacks?
http://blog.123notary.com/?p=10369

The “Met my fee” list of signing companies
http://blog.123notary.com/?p=16979

A Notary Union? How would that work?
http://blog.123notary.com/?p=18878

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April 4, 2016

Compilation of Certification Posts

Over the years, we wrote many articles about 123notary certification. The ones that did the best were ones that did not mention certification in the title, but mentioned some benefits associated with our certification. Here are our best articles about certification and elite certification.

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

NNA certified signers who failed our test!
http://blog.123notary.com/?p=892

What is the difference between a listing getting 16 clicks / month & 100+?
http://blog.123notary.com/?p=13185

From 3 jobs per week to 3 jobs per day!
http://blog.123notary.com/?p=3940

Do you have to be a CSS to get work these days?
http://blog.123notary.com/?p=8914

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

How much more does a 123notary certified signer make?
http://blog.123notary.com/?p=15392

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ELITE CERTIFICATION

123notary Elite certification, what is it all about?
http://blog.123notary.com/?p=8531

Why you should consider getting 123notary Elite Certified
http://blog.123notary.com/?p=20094

Studying to be Elite Certified is worth $533 per minute
http://blog.123notary.com/?p=20774

Elite Certification will benefit you for the rest of your life
http://blog.123notary.com/?p=20770

The elite certification study guide
http://blog.123notary.com/?p=20118

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March 24, 2016

Two guys with the same name; One cashed the other guy’s check!

Filed under: Drama & Tragedy — Tags: , , — admin @ 6:25 am

Imagine your worst nightmare. Someone else with your same name. But, it’s not identity fraud if the person really is you, or at least shares your name. We had a Notary in Alabama and another Notary in Indiana who had this exact situation. I am not sure if their middle initial or middle name is the same, but the first and last were. They were both on the same database for several signing companies. The problem was that the guy in Alabama did a bunch of jobs for several signing companies, and then the guy in Indiana got paid for those jobs — and deposited the checks.

I actually personally know both of these people and remember a conversation I had with one of them three years ago. He thought his bill was too high and kept saying, Jeremy…. Jeremy…. Jeremy…. Jeremy… with this amazing tonality. He got removed from his high position because it was too much trouble to bill him. Now he has a free listing at the bottom of the list. He might not get that many jobs down there, but if he can get paid for the other guy’s jobs in Alabama, I guess it all works out just fine — for the mean time!

In any case, let this be a lesson to be learned. If you have children, and you have one of those standard type names like Jack Smith, or David Rutherford, consider a name change. Either change your last name, or name your children something that nobody else would name their kids such as Bullwinkle, Shakazulu, or Pleiades! Think in the future, and pick a name that is out of this world, or at least out of this constellation!

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Two notaries assigned the same job?
http://blog.123notary.com/?p=1060

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March 22, 2016

Notary: Get Thumb Relief

Filed under: Ken Edelstein — Tags: , , , — admin @ 11:46 am

Notary: Get Thumb Relief
For the record: I am not a fan of texting. Nor do I find using that same tiny keyboard much good for sending regular email. So, I hunted for solutions to replace the somewhat necessary use of my Galaxy S5 keyboard to type. I added to my toolkit a Jorno external keyboard. Now, with a quick Bluetooth connection I have a real keyboard in front of me. And, it both folds to being “tiny”, complete with a built in cover / stand (to hold the phone to a nice viewing angle). The Jorno (EZ to Google) also charges via USB with an industry standard (not proprietary) charging port. It works for Apple and Android, cost is reasonable, and in a word is “Precision-eered” = it’s just right.

Of course sometimes it’s not worth the effort to connect the Jorno. A quick “Confirmed” to an appointment is best done on the phone’s keyboard. But, sometimes it is necessary to explain that the notarization of the POA bound for France will probably require an Apostille. That is when I stop at a coffee shop, quickly setup the Jorno; and type in my (usually verbose) reply. If I have the option, I usually prefer email to texting, as the record keeping is more robust. And, on that this installment transitions to dealing with texting when at home / office.

I’m sitting in front of my PC, with a nice Logitech cordless full size keyboard in front of me. Mouse is also wireless, lest I snarl myself. Ding Dong, the sound of an incoming text. It was O so frustrating, having to work the phone keyboard, or set up the Jorno. Why was I being limited to those two choices? I wanted to use the big screen and big keyboard to reply to that text.

The solution was MightyText. After adding the FireFox browser support (works with IE too), lo and behold that text message was on my PC’s screen and I could use my big keyboard to respond! It gets better. I usually like to have a printout of the address I am going to. With the “text message” on the PCs screen, any screen print tool gives me the printout to take with me. No longer must I scribble notes or refer to the phone. There are several other nifty features in MightyText. It will also originate (on the PC) a text message, not just reply to one. You can also access the contact list on the phone to initiate calls and send texts. A “pop up” on the PC screen allows you to send text to incoming callers, or “decline the call”?

The ability to send a text to an incoming caller has a useful aspect. Using a “key generator” for a “canned” reply, a “one click” ad can be sent. I send my name, and contact information. This is most appropriate when they wish to contact me at a later date/time. I use Keyboard Express, and have several “macros” stored so it’s just a press of Ctrl/w to send my tag line, name, and contact info, and, of course my web site is formulated to be clickable: http://kenneth-a-edelstein.com

The software programs mentioned above are not free, they have a truly trivial cost; and do NOT flood me with ads. “Free” programs almost always have ads, and worse; consider you, and your email address – as something they can sell. Pay a few bucks and avoid an avalanche of junk mail.

Thus, it is possible to turn an annoying situation around. Not only around, but use the tools to further market your services and provide real convenience to your prospective clients. But, don’t overdo it. Sending your “blurb” to a wrong number is bad form – you would not want someone to do that to you. There are usually solutions to repetitive annoyances. You have only to research the problem and obtain the solution. Rarely are you alone with a technology annoyance!

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March 18, 2016

Shark Tank — 123notary wants to sell 10% of its shares!

123, IT’S SHARK TANK!

First into the tank is the inventor of a directory that will help notaries vastly improve their business.

JB: Hi, Sharks. My name is Jeremy Belmont. And I’m seeking an investment of $500,000 for 10% of my company, 123Notary.com. How many times have you needed a Notary public, and thought “Damn. Where can I find me a decent Notary Public?” Sharks, your searches are over. With 123Notary.com, we get the most serious customers, because we have the best quality notaries. We get 170,000 visits per month. That’s 170,000 more visits per month than Mr. Wonderful makes to the barber.

MR. WONDERFUL: I’d much rather see my money grow than hair.

ROBERT: So walk me through the business model, Jeremy.

JB: We use a lot of social media and search engines to gather up steam, to get good traffic, and we also keep the site well organized. Make sure people have good notary public note sections, reviews. We spend a lot of time making sure people improve their knowledge and pass their certification.

BARBARA: How is that different from other sites?

JB: They don’t put as much attention into the marketing and organization as we do.

LAURIE: Tell us a little about you. How did you get into this line of work?

JB: I started out by being a notary public.

MARK: Good for you, man.

JB: Starting from the ground up is okay as long as you don’t get ground up.

BARBARA: I get a good feeling from you, Jeremy, and I’m going to make you an offer. But I need a little more skin in the game.

MR. WONDERFUL: Hopefully not the skin around your neck.

BARBARA: I wasn’t talking to you, skinhead. I’ll offer you $500,000 for 20% of the company.

MR. WONDERFUL: Ouch. She just cut the value of your company in half.

JB: I appreciate your offer, but if you don’t mind, I’d like to respect the other sharks and hear if anyone else has an offer.

MARK: I like what you’re doing. I like that you started from the ground up. As you know, I own the Dallas Mavericks. And every time they swear to me they won’t blow a shot, I’d like them to swear in front of one of your top-notch notaries, so I’ll tell you what. I’ll go in with Barbara if she’ll have me.

BARBARA: I’ll have you, Mark.

MR. WONDERFUL: Gross.

MARK: 500 K, 20%. But you get two sharks. Ten percent each.

JB: Would you be willing to split the difference at 15%?

ROBERT: I’ll take that deal.

JB: Would you agree to take that deal by signing this paper I have one of our top notaries witness?

ROBERT: I’m out.

LAURIE: You never told us. Why do you need the money?

JB: I want to buy an office.

MR. WONDERFUL: Where are you working now, out of your car?

JB: No, I’m working at home. I want to get an office, so I can have my staff all under one roof. It’s hard to stay unified when you’re all working in separate places.

MR. WONDERFUL: You live in your car?

BARBARA: You’re so mean.

JB: I don’t want to rent an office, because I don’t like the fact you can’t open the windows. I want to be able to customize it to my own needs, which includes having windows that actually open. I have a hard time working without oxygen.

MR. WONDERFUL: That makes you an “airhead” for the right reasons. I’m fine with that. Well, Jeremy, I’ll make you an offer. I don’t want any equity. Zero. Zip.

MARK: Here it comes.

MR. WONDERFUL: I want a 2% royalty for every signing you make. And after I make six times my investment back – Poof. I’m gone.

JEREMY: Darn. You’re still here.

LAURIE/BARBARA/MARK: For that putdown alone, we’ll match your offer.

JEREMY: I’m about to say yes in… 1…2…3!

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You might also like:

A string of all our Shark Tank Posts
http://blog.123notary.com/?tag=shark-tank

A Notary enters the Shark Tank
http://blog.123notary.com/?p=14088

Apps that Notaries have never heard of that could change your life
http://blog.123notary.com/?p=16311

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March 16, 2016

Can you send a loose acknowledgment? You should hear the answers

I asked a Notary the following questions.

Can you send a loose Acknowledgement if the Grant Deed you already Notarized and send it had a smudgy seal?

The Notary said, that yes you could. You just attach it to the Grant Deed.
I replied back that if you attach the certificate to the Grant Deed, that it would no longer be loose. It is kind of like asking if a virgin can be sent in the mail and you say — yes, she just has relations with Tim and then you can send her. If the virgin had relations with Tim she would no longer be a virgin just like the Acknowledgment Certificate on the Grant Deed would no longer be loose if it were attached to the Grant Deed. On a brighter note, if Tim were the only lady that the “virgin” had relations with, at least she would not be considered to be “loose” like the acknowledgment whose final words were, “Baby, I’ll attach myself to any document… anywhere… any time…”

Legal or not?
Many Notaries feel that it is fine to send a loose Acknowledgment in the mail. This is actually not legal in most states. Acknowledgments should be attached by a stable to the document they are associated with. If the stamp was smudgy on the initial acknowledgment, some states might allow you to destroy the original acknowledgment and add another non-smudgy one in its place. But, no state will allow there to be two acknowledgments for one Notarization floating around. That is just plain crazy.

California?
California wants Notaries to completely re-do smudgy signings. You would have to go back and visit the signer all over again, get a new signed journal entry, and do the Notarization as if you were doing it for the first time if God forbid — there was a smudge.

Summary
The way to handle Acknowledgments with smudges varies from place to place. But, you need to know what the law says so you don’t do something stupid. Most Notaries that I talked to do not have a thorough understanding of the law about this topic.

You might also like:

10 tight points on loose certificates
http://blog.123notary.com/?p=15449

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

Notary Certificates, Notary Wording & Notary Verbiage
http://blog.123notary.com/?p=1834

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March 15, 2016

Do you know how to sign Applications? Is it even legal?

In the old days, Notaries did a lot of Refinance signings. Then after the financial crisis of 2008, there were many changes in the Notary world. There was less work at first, and then new types of work sprouted up in the ashes of the lending crash. The new types of work for Notaries included:

Types of financial products
Purchases, Sales, Construction Loans, Annuities, Structured Settlements, Loan Modifications, Debt Consolidations, Reverse Mortgages, and also Applications. Additionally, there have been more VA, FHA, Jumbo, Conventional, Non-Conventional and other types of financial products.

Ignorance can cost you
The problem is that not all Notaries are familiar with all of these financial products, and ignorance can really cost you. The first problem with inexperience is that you might not know how to price particular Notary jobs. If you are doing signings for the elderly, that can take a lot longer. Reverse Mortgages are normally for older folks and it can take up to two or three hours to get in and out. FHA’s involve much longer packages than good old fashioned Refinances. Then there are loan products that I never saw such as Annuities, Structured Settlements, etc.

Loan Modifications
Loan Modifications were a source of legal concern as many of these packages involved suspected fraud. Many states required Attorneys to be present at the signing of Modifications as well. Perhaps the borrowers were getting scammed, but many Notaires were paid on time by Modification companies.

Construction Loans
I remember signing a few construction loans back in the day. There were more packages, but the signer was a saavy business person who had signed these types of packages many times before. He signed so fast I couldn’t believe it. We were done in twenty minutes! Then, there was a signing for a literary type which was a deconstruction loan — just kidding. In Vegas they have demolition loans — anyone seen one of those?

Applications
I cannot comment on whether a Notary can legally assist with applications. That is up to you to research, but many Notaries get large amounts of work in this department and it is good business sense to know how to get this type of package signed!

Your Notes Section
At 123notary, we recommend that you impress the world by telling them not only how many signings you have done, but what types of signings. The longer your list of types of financial products you know how to handle is, the more you will get paid.

You might also like:

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

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March 8, 2016

The Ones That Got Away

Filed under: Ken Edelstein — Tags: , — admin @ 5:53 am

The Ones That Got Away
It happens to all of us. We put time and effort into establishing an assignment, then it goes poof. Did we do something wrong? Possibly. If someone is fishing for the absolute lowest price for the “equivalent” of what you do; that may or may not be you. But the amount of your fee is not the central theme of this installment. It is the non-price issues that will be explored. So, assuming your fee is reasonable to the caller; why did that one get away?

Excluding walk in situations; virtually all of our notary assignments are initiated by phone or email. Some contacts are doomed from the start. Case in point: this evening I had a caller that needed two signatures notarized. It was for a “kiddie fly” (what I call the notarized authorization statement often required from parents for children to leave the USA). Both had good ID. One of the parents would be present; the other was far away. The flight was for 6AM tomorrow. “I have the ID of my partner and you can speak to and see them via picture phone”. Not an option in NY, personal appearance is always required. Add a bit of pressure: “Unless you do this the kid’s vacation with the grandparents will be ruined, we can’t reschedule and the tickets are non-refundable”. Nope.

Today I also had a “got away” that greatly pleased me. The request was from a distant county, with high tolls and heavy traffic. I goofed. I quoted a fee too low for the effort, I’m sure that pleased them greatly. The assignment was to go there, notarize, return to Manhattan, process an Apostille; then bring the completed job back to the distant location. Making it worse, the initial meeting time would have me traveling in the worst part of rush hour. The delivery trip would have been almost as bad. The good news: we had a conceptual agreement that would be confirmed with a follow up call with exact specifications. They never called back! Hooray.

Both of the above, thankfully, were resolved in the initial contact. Sometimes there are many, many contacts that also result in nothing. I’m starting to feel like a car salesman with an indecisive buyer. Unchecked this can go to ridiculous extremes. Some go back and forth, asking one at a time of their many questions. During slack times I have gone along with these charades. One actually constituted over twenty emails. It appeared that the contact was “pumping” me for procedural information and wished to do it themselves. I don’t like that, certainly not a bit at a time.

There are also requests from the land of Oz. These are the ones that ask for the notary to have supernatural powers. Can you be in my office within the next ten minutes? How come you don’t have an office; isn’t every notary supposed to have one open till 11PM? Please prepare the necessary documents for my divorce in Latvia, in both English and Latvian. Why would 25 notarizations cost more than one, you are already here? Can you open your office a few hours early, as I am working the early shift? The bank notary does it for nothing, what’s so special about you?

It’s silly to lament “the ones that got away”. Of course there are exceptional circumstances that require empathy and “over the top” professionalism – but they are rare. We should limit our acceptance to practical assignments; certainly only legal ones. Many have lampooned the low baller; with their tiny offerings. But, equally, perhaps even more important is the amount of effort that you will have to put into the project. Most charge an additional fee to fax. That usually involves a trip home to the scanner, only afterward can it be shipped. Consider all aspects of the request, even if the dollars are high. Will you get out of it more than you put into it?

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Don’t call title or borrower?
http://blog.123notary.com/?p=15066

A comprehensive guide to Notary Pricing
http://blog.123notary.com/?p=16504

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