Notary Journal Thumbprints
How adamant are you about taking journal thumbprints? As a California notary public, you are required to take notary journal thumbprints for deeds effecting real property and power of attorney documents. Notary thumbprint taking is a serious business and can keep you out of court.
Taking precautions as a notary
I have written other blog posts about precautions that notaries can take. Notaries can use an inkless embosser in addition to an inked seal. They can emboss every page of every document they ever notarize as a precaution against page switching which is a common crime that takes place after multi-page documents have been notarized. Taking a precaution of taking journal thumbprints is smart also, and can keep you out of court.
Suspicion of identity fraud
Let’s say that you notarized a signature on a document and that someone involved in the transaction suspects identity fraud. The first thing they will do is to track down the notary who notarized the signature on the document and start asking questions about the signer. You will not remember the signer well, unless you took notes in your journal about what they looked like, how they acted, how old they were, etc. But, if you have a thumbprint, that is absolute proof of the signer’s identity. No two thumbprints are identical, and you can’t fake a thumbprint (forge a thumbprint) in front of a notary.
The investigation ended once I produced a thumbprint
If someone questions you about a particular notarization, and you say you have a journal thumbprint, the investigation might just end right there. It happened to me as a California notary public during my first four year term. I saved myself from a potentially long visit to court. I got a phone call from someone investigating fraud. Someone had cheated some elderly people whom I had notarized. One of the documents used to allegedly cheat them had been notarized by myself in my capacity as a California notary public. Since I had a journal thumbprint, the identity of the signers was no longer in question. The person said they had no further questions the minute I told them I had a thumbprint. They didn’t even want a copy of the journal entry with the thumbprint.
Weak thumbprints with the elderly
The flaw of thumbprints are that elderly people often lose the tread on their fingers. I am talking about really old people, perhaps in their eighties or nineties. There is nothing you can do in that case, but at least you have a print, no matter how featureless it is. Personally, with signers over eighty, I recommend a retinal scan, which is not possible for a notary to take in 2011, but maybe in 2015… we can always hope.
Regardless of your state of commission
Whether you are a Florida notary public, a California notary, or notary in another state, if you are notarizing signatures on a power of attorney or real estate deeds, get a journal thumbprint whether it is required by law or not. That thumbprint could save your neck. It is not a bad idea to require signers to give thumbprints for all documents and even oaths or affirmations. It keeps them honest. The minute they start making excuses why they shouldn’t have to be thumbprinted, that is suspicious behavior, and you might want to refuse service to them.
Bring wipes!
Don’t forget to bring wet naps or wipes of some sort. It is polite to have something for the signer to wipe their hands off with. Even with the NNA’s inkless thumbprinter which is a product I always had several backups in stock of, you should offer a wipe. I strongly recommend having at least one inkless thumbprinter in your notary carry all bag!
Please visit our notary search page to see our notary public California page and notary public Florida page!
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Thumbprinting in Texas
http://blog.123notary.com/?p=19672
Multiple title companies told Notaries NOT to thumbprint?
http://blog.123notary.com/?p=19461
Notary Public 101’s guide to Notary Journals
http://blog.123notary.com/?p=19511
Thumbprint taking step by step
http://blog.123notary.com/?p=1689
Two notaries assigned the same job?
Two notaries assigned the same job?
There I was, a California notary public in Tustin, CA. I had driven down from Los Angeles to sign a loan for a nice couple in Orange County, California. We were signing away, when lo and behold: The notary showed up. He asked, “Who are you?”. I then proclaimed, “I am the notary”. Then, he said, “That’s impossible, I’m the notary!”. “No you’re not!”. “Yes I am”. “Am NOT!”. “AM TOO!…” Okay, let’s be honest, the “am not am too” part never happened. I’m embelleshing this signing agent dialogue. The couple was just staring in confusion. The wife was displaying the exact same mannerisms as a cat watching a dangling string. He head rotated to the left and looked at me, then head rotated to the right and looked at the other notary, then back at me, and back at him…. Hmmm. What is going on?
The Signing company hired two notaries?
How could they! After all of my hard work, they would have the gaul to… Oh… wait a minute, let me call them and straighten the whole thing out.
Ring Ring…..
Me – Hello, may I speak to Mary please, this is Jeremy your California notary for the Anderson Signing in Tustin.
Mary – Hi, this is Mary!
Me – Hi, Mary, it seems that you hired two notaries for the same job.
Mary – What? We would never do that
Me – Odd, because as we speak, there is another notary here. Or, should I say, “A Notarial Triangle”
Mary – Hmmm… Let me call the Title company.
………… ten minutes later
Mary – I found out what happened
Me – Please do tell?
Mary – The title company hired two signing companies to handle this California notary job, and the OTHER signing company sent that OTHER California notary out.
Me – Mmmm. So, which signing company was SUPPOSED to be responsible for the job.
Mary – We are. The title company cancelled with the other signing company, but apparantly, they didn’t cancel with the notary.
Me – Oh, no they didn’t!!!
Mary – Oh, yes they did.
Me – This has never happened in my career to date. And I hope it never happens again. Just make sure that I’m the one who gets paid, although the other one should get a travel fee, don’t you agree?
Mary – Thats between him and the OTHER signing company.
Me – I KNEW there had to be another signing company. I could just tell from the way he was looking at me.
So, jokes aside, the other notary left, we finished the signing. Into the UPS box it went, and off I went on my merry way out of what we affectionally call, “The OC”, and back up the 5 Freeway, or is it the 405 — its been so long I can’t even remember, through Anaheim, Downey, Commerce, and back to Los Angeles where I logged in my transaction and faxed a bill to the signing company.
The End!
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Getting what is due! A clever plan!
http://blog.123notary.com/?p=3221
One signing – two venues?
http://blog.123notary.com/?p=17047