August 2017 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
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August 27, 2017

How many journal entries do you use for two signers on three documents?

Filed under: Journals — Tags: , — admin @ 11:51 pm

Many states don’t require a journal. However, your journal is your only evidence if you are investigated. As a Notary, for every 3000 Notary appointments (not acts) you do, you will probably be investigated once based on my personal experience. If fraud is involved on anybody’s part and you don’t have a journal entry, you will have no evidence and could be pulled into court for weeks which would result in your loss of income.

Additionally, we recommend the use of thumbprints in your journal for all critical notarizations, especially those involving Power of Attorney documents Living Wills, or Deeds affecting real estate. It only takes a few seconds to thumbprint someone. A thumbprint cannot be faked, but ID can, so you have no reason not to take thumbprints, and plenty of security related reasons to do so. NNA sells inkless thumbprinters for about $15.

If your state doesn’t require journals, use one anyway for your protection.

Back to the question. If there are TWO signers and THREE documents, you will need SIX journal entries. One per document per signer. What some Notaries do is they create one journal entry per signer and then indicate a list of all the notarized documents they signed. This is wrong and perhaps illegal. Not only is it bad to only create one journal entry per signer, but you might forget to add a document, or if there are cross outs after the fact it will look very sketchy.

However, you don’t need to write all of the info for each journal entry. The signer’s name, address, and ID information can be copied by putting a down arrow or “ditto” quotation marks. However, legally, the signer needs to sign for each document that is notarized and the name of the document, date, time, and type of notary act needs to be indicated for each document.

Additionally, there is an “additional notes” section of each journal entry near the right. If the building looks unusual you can take notes about the building. If the signer is acting weird or looks weird or has a tattoo on his neck or anything else unusual, you should write that in your journal to jog your memory if you ever have to go to court.

I did about 7000 Notary appointments and they all became a blurr to me. The only people I remember were Gary, the guy who blew up his apartment while experimenting with explosives (not a good idea) and a Korean lady who had me notarize the sales of her massage parlors (she paid cash). I also remember Dr. Kwak (pronounced Dr. Quack) who was an acupuncturist. I vaguely remember an impatient rich guy who lived in West Hollywood, did business deals in his pajamas, and played golf. And of course Mr. Yee the Attorney who had me do all of the Health Care Directives each with 80 pages of which I embossed every single page every single time to be prudent.

So, the moral of the story is that if you don’t know how to use your journal like a pro, the NNA has tutorials that you can purchase, and they are highly recommended as they could keep you out of court (or jail.) Or both!

.

You might also like:

What entities might want to see your journal?
http://blog.123notary.com/?p=20902

NNA – what every notary needs to know about notary journals
https://www.nationalnotary.org/notary-bulletin/blog/2014/10/what-every-notary-needs-to-know-about-journals

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August 24, 2017

Letter to Donald Trump about the sad condition of American Notaries

Filed under: General Articles — admin @ 12:56 am

Dear Donald Trump,
I run a nationwide Notary Public directory called 123notary.com and have some sad commentary about the general state of affiairs in the Notary industry. The most pressing is the dismal quality of the knowledge of general Notaries about their rights and responsibilities as well as the poor level of screening that the state notary divisions engage in.

Since you have entered office, my personality has changed. According to feng-shui principles the members of an organization tend to take after the leader of the organization in some subtle or not so subtle ways. Since April, I have been preverbially draining the swamp of “fake notaries.” Some people with absolutely no Notary knowledge whatsoever are commissioned by states run by idiots who will commission anyone — sad! What the states don’t realize is that bad Notaries are a danger to society by empowering and facilitating identity thieves. An improper notarization or improper bookkeeping at a notarization done by a shoddy Notary can make it easy for an identity thief to drain a person’s equity from their property, steal their property, or defraud people in other ways.

In a nutshell, the real problem is that the states do not screen their applicants, do not educate applicants in all aspects of Notary education and do not have sensible testing either. California’s screening is far better than any other state, but still falls short of the mark as our local California Notaries do not always know how to explain notary acts, keep proper records, or which acts are legal versus illegal to do.

My solution is to suggest some Federal guidelines with Federal enforcement. Since the states don’t enforce proper notary procedure with the exception of California who audits journals (but, not anything else), it is necessary for the Feds to step in and add another thin, but intelligent layer of regulation to the industry. Here are my ideas.

1. Standardized Notary Education and Enforcement.
Many states have differing Notary Acts, and that is not a bad thing. However, if there would be a core of universal Notary Acts used in all states, territories, and military bases, that would make education and enforcement easier on a national level. The most critical elements to teach would include:

(a) Proper identification of signers
(b) Proper journal record keeping
(c) Oath giving (Notaries are required to do this but more often then not don’t know how or don’t bother)
(d) General understanding of Notary law, acts and procedures.

2. Reduction in the quantity of Notaries, with an increase in quality.
Judging the quality of Notaries might be hard for you to do, but I do it daily and have the art refined in certain ways. I will vouch for what I condsider the characteristics of a good Notary verses a bad one.

(a) An IQ of 100-120.
Being a Notary requires a certain amount of intelligence as a rudimentary knowledge of law, and applying the laws relating to Notary Public are required to perform the duties of Notary Public and faithfully discharge your duties lawfully while accepting lawful requests and declining illegal requests. Most Notaries do not correctly distinguish between what they are allowed to do and what is illegal and prefer to rely on what they feel comfortable with which is neither here nor there. Those unlawful Notaries need to be weeded out. Notaries that are too smart tend to leave the industry early and are not a detriment, but will not be likely to stick around.

(b) Attorney Notaries are not generally good Notaries.
Many states like the idea of having Attorneys do certain Notary functions such as loan signings. In my experience, Attorneys are over-priced, the least likely to be available, and also are the bottom of the bottom of the barrel in the legal world and are so incompetent that their average stupidity exceeds that of our average non-Attorney Notaries. I am not against Attorney Notaries providing they can pass a tough Notary test to prove their basic knowledge. Attorneys should also be declined any special privileges in the Notary world. In New York, I heard an Attorney can become a notary without a test at all which I feel is a mistake.

(c) A clerical background is desireable.
If someone has a background doing clerical work in a capacity which requires being picky and attentive to detail, that would be a good background for being a Notary Public. Notaries fill out certificates and journals and being nit-picky and anal precedes you as a good Notary. On the other hand a clerical background filled with clerical errors that have gone unnoticed for years would be a disaster.

(d) Being meticulous and having integrity.
Those who dot their i’s and cross their t’s are the types I would like to see as Notaries. Those who are ethical and care about safeguarding society are also idea. Having a generally good attitude matters too.

(e) Willingness to study and learn.
My biggest complaint about Notaires Public is that so few of them read their state’s Notary Handbook. If you aren’t willing to read your state’s laws and Notary rules, how on earth can you possibly enforce them?

3. Regular auditing of Notaries
Notaries need to know someone is watching them as few uphold the law. If Notaries are audited by a mystery person who appears to be a client, that client can ask them to do something seemingly illegal to trick them into incriminating themselves. This is the only reliable way to catch large quantities of bad Notaries. Having Notaries come to the county clerk for a pop quiz once a year is another highly recommended idea. The quiz should be hands on Notary work in addition to multiple choice questions. To audit all Notaries twice a year requires there to be less Notaries to audit.

4. Higher pay for Notaries
To attract good Notaries, there needs to be a good minimum wage for Notaries. I suggest $40 per appointment minimum on the East and West coasts and $30 in the interior states. Additionally, many Notaries travel and states should have minimum travel fees of $40 for appointments that are 30-60 minutes away plus waiting time. Travel fees should be paid in cash at the door or by paypal to eliminate what I call “Beneficial Interest” which is a term that depicts a person who is named in a document who stands to benefit from the document being signed in financial ways or by gaining privileges. By being a Notary whose travel fee is contingent on a document being signed, the Notary will be swayed to accept non-matching identification or comply with illegal requests so they will get their measely travel fee so they can pay their rent. Notaries who are poor are likely to bend the rules to ensure they get paid. Having travel fees paid up front as a matter of law will safeguard the public from Notaries having any semblence of beneficial or financial interest in a document or set of documents being signed.

5. Universal Notary Acts
Most states have Acknowledgments, Jurats, Oaths, Affirmations, and perhaps a few other acts such as Copy Certificaiton Safety Box Opening, Attestations, Witnessing, etc. The problem is that the rules for these acts are not always consistent across state lines which causes a lot of confusion especially to those of us who run nationwide Notary directories. I suggest these as universal acts.

WITNESSING
Some Notary acts require rigid identification rules. It would be nice for those who don’t have identification or don’t have identification with the correct name variation on it to be able to get notarized on informal documents in any case. Having a witness notarization with optional identification would be convenient without being a risk for identity fraud since the documents being witnesses would not concern large sums of money by definition.

A signer could:

(a) sign in the presence of the Notary in a witness notarization.
(b) Identification could be a choice of a thumbprint, an ID with a non-matching name, or an ID with a matching name.
(c) The description of the ID should ideally be documented on the Notary certificate for this act as well as the Official Journal of Notarial acts.

Some states already have an official notarial witnessing act. But, having universal and flexible standards would be wonderful.

ACKNOWLEDGMENTS
Formal documents such as Deeds, Powers of Attorney and contracts normally use an Acknowledgment. Acknowledgments in most states require:

(a) The signer to be identified by the Notary using state approved types of ID cards such as passports, drivers licenses, etc.
(b) The signer has to acknowledge having signed the document in the physical presence of the Notary in a non-verbal way by presenting the document to the Notary with the request for it to be notarized.
(c) California requires the signer to be named in the document
(d) There is an Acknowledgment certificate which must be embedded in the document in question or added as a loose piece of paper and then stapled to the subject document.

The first issue with Acknowledgements on a national level is that there are six states which specifically require an Acknowledged signature to be signed in the presence of the Notary Public while the act intrinsically does not require this. The second issue is that Notaries in states that do NOT require the Acknowledged signature to be signed in the presence of the Notary typically require the document to be signed in their presence because they feel uncomfortable with the alternative. Notaries let their petty comfort related concerns supercede the law which is a problem that needs to be dealt with and enforced. This constitutes the denial of a legal request which by definition is not legal as Notaries Public must provide the public with Notary work for all legal requests unless (in particular states) there is some legitimate reason why the Notary feels that it would not be safe to notarize the person. Standardizing the rules of Acknowledgments makes a lot of senses as that single act constitutes 80% of Notary work nationwide. For those signatures that must be signed in the presence of a Notary, there are other acts such as Jurats and Witness notarizations that require that.

JURATS
Jurats are notarial acts where the signers must sign in the presence of the Notary Public and swear under Oath to the document in some way shape or form. Whether they swear to the truthfulness of the document, or whether or not they signed the document using their own free will, or whether they agree to the terms of the document could all reasonably be sworn to. Most Notaries omit the Oath or give an Oath which makes no sense under the circumstances which is unacceptable.

OATHS & AFFIRMATIONS
Most if not all states have these acts. However, some states (such as Florida) require a certificate for an Oath. If a certificate is to be required, it should indicate the nature of the Oath. Florida’s documentation of Oaths does not require any indication of what the Oath was about. There is no point in keeping paperwork if the paperwork has no pertinent information on it. As a former Notary, I will vouch for the importance of issuing certificates as it is a record for the customer to keep of what happend. The more critical information the merrier (without going overboard.) Notaries need to be taught how to administer good and relevant Oaths and Affirmations as 90% do not know the difference. Oaths use the word swear and normally mention God while Affirmations use the word Affirm or state and leave God out of it which is something that ultra-religious and athiests both agree upon.

6. Thumbprinting
Journal thumbprints are a matter of contention. California is the only state to require it for Deeds affecting real property and Powers of Attorney. Several of the Notaries listed with us were able to provide critical pieces of information to the FBI which helped nail identity thieves, ponzi schemers and other fraudulent menaces to society. Many companies and individuals object to being thumbprinted which creates pressure for the Notary to not thumbprint unless required to by law. Therefor, the only way to safeguard the equity in your real property from being syphened by identity thieves is to require journal thumbprints nationwide.

Since journals are NOT required in all states, it would be necessary to require journals in order to require journal thumbprinting. I recommend a thumbprint requirement for all notarizations of Deeds, Living Trusts, Powers of Attorney, Subordination Agreements, or notarizations where the identification did not completely match the signature on the document.

7. Proper Journal Entries
Most Notaries who I deal with keep a journal, but do not keep it correctly according to what I consider best practices to be. It is common for Notaries to enter multiple documents on a single journal entry which is signed once by the customer / signer. This is a bad practice because it would be possible for the Notary or someone else to add extra document names to the journal entry AFTER the signing was over which would constitute fraud. It would also be possible for someone to accuse the Notary of fraud when he/she did not engage in fraud with such shoddy bookkeeping practices. Therefor, it should be necessary by law to have one journal entry per signer per documents which would be six entries if you had two signers each signing three notarized documents at a particular appointment. The primary purpose of a journal is not to please the state where the notary is commissioned. The primary purpose is to please judges and investigators who use the journal as perhaps the primary or only piece of evidence in an identity fraud court case or investigation. The journal is the only evidence a Notary Public has of what Notary work they have done, so it behooves society to ensure that journals are filled out prudently, completely and correctly.

.

You might also like:

Letter to Donald Trump about the State of the Notary industry
http://blog.123notary.com/?p=19908

Is Trump to blame for a Notary slowdown?
http://blog.123notary.com/?p=19138

If Trump hired you as a Notary, would you get fired?
http://blog.123notary.com/?p=19120

Letter to California Notary Division
http://blog.123notary.com/?p=19939

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August 23, 2017

Letter to the NNA about Notary Testing

Filed under: Popular on Linked In,Popular Overall,Social Media — admin @ 12:10 am

Dear NNA,
It has come to my attention that the focus that both of our organizations have put on loan document knowledge seems to be a somewhat wasted focus for two reasons. First, the people we both have certified don’t know their loan documents that well. Second, Notaries tend to know their loan documents better than they know their Notary procedures.

When we get complaints about our Notaries, the complaints are normally that a Notary was rude, left someone high and dry after a botched signing not returning emails or calls, or that the notary made a Notary mistake (more common with beginners) or did not follow directions.

To certify someone as a loan signer who cannot function as a Notary is a mistake we have both made. I can show you many examples of individuals who have an intimate and flawless understanding of loan documents who cannot answer basic Notary questions.

For example, if you called your members up one by one and asked them the difference between an Acknowledgment and a Jurat two things would happen. First, they would be offended that you called them and second, 90% would not give a thorough or correct answer according to my findings.

Notary knowledge trumps loan signing knowledge as the most common errors that happen at a loan signing are notary errors. Notaries commonly stamp where they see the word “seal” whether there is notarial wording or not. Notaries stamp over wording. Many Notaries decline legal requests for foreign language notarizations in California. The most common misunderstanding is that in 44 states, an Acknowledged signature can be signed prior to appearing before the Notary Public. There are many other issues as well.

The main point of this letter is to let you know that we are testing people on the wrong things. We need to know if someone is a good Notary and if they have a good attitude first. If they don’t know the difference between an Occupancy Affidavit and a Compliance Agreement, that will probably not come back to haunt anyone. But, if you identify someone incorrectly and notarize someone with an ID that says John Smith as John W Smith simply becuase you are “supposed to” have the person sign as their named is typed in the document, you could end up in court on an identity theft case for months without pay, and possibly be named as a defendent in addition to merely being a witness.

Last but not least, journal thumbprints are a hot topic of debate among myself and the Notaries. Many Notaries are being discouraged from taking thumbprints simply because it seems invasive or offensive to some Notary customers. However, the thumbprint has been the one piece of information that has helped the FBI nail some really scary ponzi schemers and identity thiefs. Not all states require journal thumbprints yet, but people who lead Notary organizations should do more to encourage people to take thumbprints as a measure to protect society from frauds.

Thumbprinting should be encouraged by scaring Notaries into realizing that without a thumbprint, they might be in court for a very long time, or named as a defendent and conspirator in an identity theft ring. Unlikely or not, the truth is that the FBI does treat Notaries like suspects as a matter of practice whenever anything goes wrong that requires their attention. Keeping good records is a way to wrap up situations quickly and without being blamed as a shoddy record keeper.

So, let’s both invest more in testing Notaries better on what really matters which is the fact that Notary knowledge takes precident over loan signing knowledge, and that following directions, getting back to people and being nice in the face of adversity are the most important things! Knowing the details of the Correction Agreement is actually the least important thing to know. According to lenders I know, the POA is the only document in a loan package which they stress that I test people on!

Thanks for your support, and I recommend your Notary educational products to all although I am out of touch with what the current names for your courses are as I studied from you in 1997. I think the Notary Essentials is what people have mentioned they were studying.

.

You might also like:

My bad karma from testing people by phone
http://blog.123notary.com/?p=19447

But, I’m not comfortable answering questions over the phone
http://blog.123notary.com/?p=19646

10 reasons why the State Notary divisions should be nationalized
http://blog.123notary.com/?p=19487

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August 8, 2017

What is someone signs in the wrong line in my Notary book?

Filed under: Technical & Legal — admin @ 9:57 am

We recently got a bunch of questions from newer Notaries about journals which were interesting. Here are the questions and my commentary.

1. What if someone signs in the wrong line in my Notary book?
If someone signs in the wrong line in your Notary journal, this poses a problem. If they signed above the journal entry in someone else’s entry, if it covers the other signature, that is a problem. Just cross out the wrong signature without defacing the signature that belongs there. On the other hand, if someone signs below in a blank journal entry, just cross the entire line of journal entry out and have them sign in the correct place. If you are doing a husband and wife notarization and you fill out your journal for all of the loan documents for each signer — and the husband signs where the wife is supposed to sign (but hasn’t yet) just cross out the entire entry, make a note of what happened in the journal and make a new entry for the one that got botched.

It is better to watch signers and use your finger to point to where they are supposed to sign as they will likely sign in the wrong place.

2. What if someone forgets to sign my Notary Journal?
If you are doing a notarization, you need to fill out your Notary journal BEFORE you stamp anything. Yes, you can fill out the Acknowledgment and Jurat forms before the notarization or before the person signs or swears under Oath. But, you cannot complete the notarization by signing your signature to the certificate or stamping until the person has signed your journal and the corresponding document.

If you make a mistake and forget to have someone sign your journal — call them up and go back. Get them to sign after the fact. That is better than not getting a signature at all. Tell them that their notarization could get “nullified” or not recognized if there is no signature in your book. In real life, a Notarization can only be “disqualified” after the fact if there is a formal investigation by an Attorney, investigator, Secretary of State, etc., who determines that the Notarization was done fraudulently or incompletely. So, you can scare them with this information and they will most likely be willing to sign your journal. However, don’t scare them unless they refuse to cooperate just to be polite!

3. What if I am signing two documents for two signers — how many journal entries?
Two documents that two signers will sign both of? That’s easy. That is two entries per person = FOUR journal entries. Just prepare all four journal entries with the name of each document and signer, plus all other pertinent and required information in each journal entry. Each person’s name will appear in two entries — one for each document.

Jan 1, 10am John Doe Ack Power of Attorney Address CA Dr. Lic 5553334 Exp.10-01-21 Fee… Signature Thumbprint
Jan 1, 10am John Doe Jurat Affidavit Ditto Ditto Fee… Signature. Thumbprint
Jan 1, 10am Sally Doe Ack Power of Attorney Address CA Dr. lic 1234566 Exp. 10-09-19 Fee. Signature. Thumbprint
Jan 1, 10am Sally Doe Jurat Affidavit Ditto Ditto Fee Signature … Thumbprint

You can NOT say ditto for the other signatures. Signatures must be signed. If your state law requires thumbprints on Powers of Attorney or Deeds, then do so for all entries for a Power of Attorney documents and Deeds. There is no penalty for always taking a thumbprint as it is prudent.

There is MORE… to be indicated in the journal entry than I indicated. Document Date, Notes about the signing that might help jog your memory after the fact.

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August 3, 2017

Black Notaries vs. White Notaries: The Notary Manual

Black Notaries vs. White Notaries: The Notary Manual

TEACHER: Hello class. We are gathered here today to talk about Notary terms, and the state Notary manual. But, first I would like to ask what the manual means to you.

SHELLY: I see a short book designed to teach the Notaries of tomorrow the rules of the road in order to safeguard the integrity of notarized transactions which protects society at large in a broader sense.

TEACHER: Very good Shelly! And very wonky.

KIM JONG “AKA Korean mom”: It’s so very difficult to understand. Half the terms don’t show up in my English-Korean dictionary. What a pain! I have to use my English dictionary and then translate the words in the definition into Korean to figure it out. How will I pass my test? I tried to use that as an excuse to get out of jury duty but they chose me anyway until they found out I didn’t understand any of the legal terms they used! Like “If it doesn’t fit, you must acquit.”

TEACHER: Okay, just let me know if there are any terms that I can explain to you. I may not understand Korean, but I can break the complicated terms down in an understandable way.

SHALONDA: I see three things. (1) I see a technical manual that teaches the state & civil laws affecting Notaries public, and more that could help Notaries deter fraud, keep transactions official, and keep paperwork straight. (2) A book that teaches the how-to of doing daily Notary work and (3) A book full of new names for black people to name their kids — you know what I’m saying?

TEACHER: Well, I hadn’t thought about it like that before.

SHALONDA: Oh yeah. I named my kids after Notary terms several years ago. Jurat and Venue… that’s short for Venuetta.

SHELLY: Do you swear under Oath you named your kid Jurat?

SHALONDA: I most certainly do (raising her right hand). But, Jurat is more of a jokester. He doesn’t have a solemn bone in his body. The tread on his boots is shaped like a Notary seal, and he was playing outside after it was raining. It looked like we had impressions of notary seals all through the house. I told him to take his boots off after that.

SHELLY: All of this studying for the Notary exam is tiring. I heard that reading too much can be bad for your eyesight. No wonder Trump doesn’t need glasses.

KIM JONG: I know. That’s why my kid Myong is forbidden to study more than six hours a night. We are recommending dropping his study time from seven hours to five hours and forty-five minutes with the last forty-five minutes mostly study-oriented games, songs or something where he is not staring at a book or computer.

SHELLY: Well we were going to increase Tommy’s study time from forty minutes to an hour and twenty minutes after we found out how hard college is. But, we don’t want him to ruin his eyes, so we’ll compromise at seventy minutes a day.

KIM JONG: How will he possibly compete with those studying five hours a day?

SHELLY’s HUSBAND: She has a point. Tommy will never survive in college unless he studies more. What he does now will affect him for the rest of his life. And if he does poorly in school like my brother, then he might get stuck driving a garbage truck for the rest of his life. Or an Uber.

SHELLY: Or worse — he might have to become a Notary. What has four wheels and flies?

SHALONDA: Ooh! I know this one! A garbage truck.

KIM JONG: No, that’s the junior high version of the joke! The answer in this context is a Notary who is late to a signing because he would be driving so fast!

SHALONDA: Good point. Not funny point, but good. But, honestly, to be a Notary you need to study too. In some states you need to study at least 30 hours to pass the Notary test and then another 30 hours to be a good signing agent. This profession isn’t for jokes — that is if you want to succeed in it. And by the way, you should say what has four wheels and screeches, because when you round those corners, you’re gonna be screeching those tires, girl.

TEACHER: Well class, we do seem to be diverging now don’t we. Being a Notary is a very honorable and noble profession and not for those who lack character. No wonder Trump was never a Notary.

SHALONDA: But, it is for those who lack a high school diploma. There is no educational standard for this job other than passing a test. California, Louisiana and New York make the test hard. But, the other states will just hand out seals to any fool who applies. Like Presidential Seals. Where’s the nobility in that?

TEACHER: Good point. Well, in theory it is supposed to be noble.

SHELLY: Theory doesn’t cut it when a clueless Notary assists a fraud in stealing the Title to your house.

TEACHER: You’re right. Maybe having a longer course than our six hour course would help. Perhaps a background screening too not just for being a signing agent, but for being a Notary.

SHALONDA: In California, the FBI, DOJ, and KGB all check us, but in these other states there doesn’t seem to be a system of checks and balances.

KIM JONG: Perhaps, being a Notary should be regulated federally instead of by a bunch of irresponsible states who can’t keep anything straight. And that wasn’t a reference to the gay parts of California.

TEACHER: Well perhaps you’re right. In any case, let’s practice notarizing a Jurat.

SHALONDA: You’re going to notarize my daughter?

.



You might also like:

Black Notaries vs. White Notaries: Are you black or white ee-nuff?
http://blog.123notary.com/?p=19251

Black Notaries vs. White Notaries: Comedy edition
http://blog.123notary.com/?p=17455

Honey you can kiss my app
http://blog.123notary.com/?p=14902

Best virtual notary comedy compilation updated to 2018
http://blog.123notary.com/?p=17693

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