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June 19, 2012

Texas, Utah, and Virginia e-notary rules

Texas e-notary rules
http://www.sos.state.tx.us/statdoc/faqs2300.shtml#np23
Any Texas Notary Public may perform an electronic notarization.  An e-notarization must meet the requirements of any other notarization such as personal appearance of the signer.  The electronic seal must meet the same requirements as a conventional seal. All parties must agree to have the notarization done electronically.  Please refer to Texas code (law) 322.011
 
Utah e-notary rules
http://notary.utah.gov/ – please click on the 2010-2011 Study Guide section 3.
Based on the Utah Notary Handbook, notarizing of an electronic signature requires personal appearance and certification of a signature made voluntarily.  No other information was given.
 
Virginia e-notary rules
We are including this information on separate post.  Please visit the link below to see that information. The information we have about Virginia e-notarizations is by far the most thorough that we were able to find for any state in the United States. Please see Virginia e-notary rules for more information.

You might also like:

The pros and cons of eNotarizations
http://blog.123notary.com/?p=3672

What can an e-notary do?
http://blog.123notary.com/?p=2706

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June 13, 2012

Florida e-notary rules

Florida e-notary rules
http://notaries.dos.state.fl.us/education/elecnot.html
The information in this link is very hard to follow or understand.  It looks like all Florida notary public applicants must be trained in notary rules as well as e-notarizations before they can be commissioned at all. I didn’t see any restrictions as to who could do e-notarizations, so I will assume (perhaps incorrectly) due to the lack of clarification that any Florida notary with an electronic journal can perform an e-notary act.
 
Here is an interesting excerpt:
“Notarization and Acknowledgment
(a) If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized by applicable law to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. Neither a rubber stamp nor an impression type seal is required for an electronic notarization.
(b) A first-time applicant for a notary commission must submit proof that the applicant has, within 1 year prior to the application, completed at least 3 hours of interactive or classroom instruction, including electronic notarization, and covering the duties of the notary public. Courses satisfying this section may be offered by any public or private sector person or entity registered with the Executive Office of the Governor and must include a core curriculum approved by that office.”

You might also like:

What can an e-notary do?
http://blog.123notary.com/?p=2706

The pros and cons of eNotarizations
http://blog.123notary.com/?p=3672

12 points on e-notarizations
http://blog.123notary.com/?p=228

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June 11, 2012

Which states allow e-notarizations?

What states allow e-notarizations or e-notaries?
 
The status of being an electronic notary is a very new and very misunderstood profession or office.  To be an e-Notary, so you can do e-Notarizations, is often a completely different type of commission in many states.  Another fact to understand is that e-Notarizations can not (or can not always) be done for Deeds or other documents that effect real property.  The biggest issue that bothers notaries about e-Notarizations is that the signer doesn’t always have to appear before the notary to receive an e-Notarization.  The first time a signer is notarized, they should appear before the notary, but in some states, the subsequent e-notarizations  may or may not require physical presence. 
 
e-Notarizations require the use of an electronic journal (ENJOA).  The signature of the signer would go in that journal.
 
An e-signing is normally done with a physical journal and done in the presence of a notary public.  The documents might be signed online, or at least most of them signed online. However, the signer woudl still appear before the notary public and sign a physical journal of notarial acts.
 
Here are the states that currently allow e-notarizations. The rules for e-Notarizations might be very different from state to state.
California, Colorado, Florida, Michigan, New Mexico, North Carolina, Texas, Utah, Virginia, and Wisconsin.

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May 29, 2012

Are webcam notarizations legal in my state?

Are webcam notarizations legal in my state 

As of 2011 & 2012, webcam notarizations are not legal in any state.  The California Secretary of State even went so far as to make an official posting on their California notary division website to specifically state that it is illegal to do webcam notarizations in California and that there was a company who engaged in this illegal notarization practice.  This illegal notarization technique was used for signings in New Jersey by the company in question.  I have not heard if those individuals doign these webcam notarizations have been arrested or what.  We actually advertise them on our website, but post information stating that their webcam notarizations are illegal in California and other states.
 
As a customer for notary services, it is your responsibility to have some basic idea about notary law, and you need to know what is illegal in this business.  Any notary job that lacks personal appearance from the signer is an illegal notarization except for a proof of execution.
 
If you want to look up your state’s notary laws, each state has a notary division website where you can look up specific notary laws particular to your state. It might be hard to sort through and the legalese is not easy to read, but you can learn a lot in a short amount of time by reading through state notary division websites. 
 
You might also like:
 
Contact information for state notary divisions

Do you accept credit cards?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3135

Being asked to backdate
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3155

e-docs — worth it or not
http://www.123notary.com/forum/topic.asp?TOPIC_ID=632

Accepting verses bidding on a job
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2306

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April 10, 2012

Can a notary sign on a different day?

Can a notary sign on a different day? 

This is a tricky question and a bit vague if you ask me.  The date of a notarization corresponds to the date that the signer signs the notary journal (according to me).  Some signers will sign for an acknowledged signature a minute, day, week, month, year, or decade before the notarization, and that is legal according to California notary law, and probably in most if not all other states.  For Jurats, the signature must be made while personally appearing before a notary public.  Oaths should ideally have an accompanying journal entry, however, there is no signature on a purely oral Oath (BTW… jurats are used with written statements that have an accompanying oath).
 
So, in all types of notary acts, the signer should ideally sign the notary journal, and the date and time when they sign the journal establishes the notarization date.  Please keep in mind that a signing where the signer signs the document at 11:59pm and signs the notary journal at 12:01am the following day could be dated either day, but I prefer my golden rule of dating the notarization when the journal is signed.
 
The document date can be the date of the notarization or before, but is generally not after.
The signing date for an acknowledged signature can be the date of the acknowledgment or before, but never after
 
So, there are three dates that might concern the notary.  It is a crime to backdate a notary certificate, but putting a previous date in the certificate wording. It is also a crime to post date the date in the certificate wording.
 
So, what does it really mean to ask, “Can a notary sign on a different day?”
 
If the notarization takes place on Monday, where the signer signs the document by Monday, and signs the journal on Monday, can the notary seal and stamp the certificate wording on Tuesday if the notary has possession of the document?  This is not recommended, and is neglegence. However, if the signing was a late night signing on Monday, and you sign and affix your stamp to the document in your possession early Tuesday morning, that is still unacceptable, but sounds less unreasonable than letting it slide 24 or 48 hours!
 
So, the official answer to the above question is — NO!  Sign the certificate within a minute or two of when the journal is signed if humanly possible.

You might also like:

Can you notarize a Birth Certificate?
http://blog.123notary.com/?p=2300

Can a notary perform a wedding?
http://blog.123notary.com/?p=1891

The John and Sally question revisited
http://blog.123notary.com/?p=20180

Document dates, signature dates, rescission dates and transaction dates
http://blog.123notary.com/?p=20189

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March 23, 2012

Notarization Dates, Document Dates & Signature Dates!

We had this question as a Facebook competition question. It was fun, but we got too many wrong answers which is a little bit disconcerting.  There are different dates you have to be aware of as a notary. Some are more important than others, and each date has its own function.
 
Signature Dates
The date the signer signs the document is the signature date of the particular signature.  There are cases when a husband and wife will sign the same document, but on different dates.  People are busy, and two notaries could handle the same paperwork on two separate days with two separate signers.  Those split signings are tricky, and are more likely to have to be redrawn.  But, just as long as you get paid, don’t stress!
 
Notarization Dates
The date you notarize someone’s signature is the notarization date.  The date corresponds to the signature, not the document.  A document could be signed by more than one party on different dates.  Or an addendum could be added and signed on another date as well.  Its complicated.
 
Document Dates
This is the question that 90% of the notaries got wrong.  I had very few choices of contestants to put in the drawing to win Starbucks!  The document date is NOT necessarily the date the document was drawn up, although it usually is.  It generally should not be dated after the signing to avoid confusion.  It is often dated the day the signing is intended to happen on, and is often dated the day it was drawn, or sometime in between.  There is no rule governing when the document date can be.  The function of this date is to be an identifying mark on the document to distinguish it from other documents.  Of course, if you have ten documents all entitled, “Affidavit“, to be signed by the same two parties, and all having the same document date, it really doesn’t narrow it down.
 
Your Journal
If you live in a state that doesn’t require journals, please don’t read this paragraph.  Actually, do read it, and get a journal anyway.  Your journal of official notarial acts is your record of all notary acts that you have done in your commission. It is evidence if you ever have to go to court, or if you are ever questioned about a particular act. It adds to the integrity of the notarization and safeguards against fraud, especially when you take thumbprints for all documents (optional, but recommended).   If a fraudulent notarization takes place with someone impostering you, without your journal, you will never have proof that you didn’t notarize that person. Journals keep records in sequential order, so you can go back to July 3rd, 2003, and see that you indeed never notarized Shelly Deeds and her Deed.
 
Backdating
In your career, you will most likely eventually be asked to put a fraudulent date on your notarial certificate which is refered to as backdating. This is illegal, and you can lose your commission as a result, if you get caught.  A lender might need you to date the certificate for the 27th, when its the 28th, so that the borrowers can keep their lock. Its their problem, don’t get involved.  Lose the client and keep out of jail! Please see our blog article entitled “Backdating from A to Z

You might also like:

A lady lost a great account because she wouldn’t backdate!
http://blog.123notary.com/?p=22229

Leave a few spaces open in your journal

The transaction date = the signature date: Feb 2013 Phoninar
http://blog.123notary.com/?p=4054

How do I fill out a journal entry?
http://blog.123notary.com/?p=1725

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April 8, 2011

Notarizing a kidnapper

Filed under: Drama & Tragedy — Tags: , , , , , — admin @ 6:50 am

Notarizing a potential kidnapper

I had no evidence either way, I was just doing my job.  It was a dark night in Rosemead, CA, when I had just finished notarizing a grant deed for some old customers of mine when the phone rang. It was a company that I enjoyed working for that I hadn’t heard from for a while. They had a notarization for me in the neighboring city of Monterey Park. That is usually a safe place to be at night. What they didn’t tell me was that the client was a suspected kidnapper. I guess the company company who dispatched this job to me doesn’t include “Are you a kidnapper” on the list of questions they ask clients. I tried to call the location before I went there, but the phone number was incorrect. It was close, so I wasn’t too concerned. It was only ten minutes away, and practically on my way home. When I got to the venue, it was a run down motel with only six units. I was to go to unit #5. I knocked on the door, and a very nervous and agitated man in his 30’s answered the door. He seemed very bony, like he hadn’t eaten in weeks. His eyes were wild and deep set, and he was very frenetic. As I looked around the smoke filled room I noticed that there were seven people in the two room suite which included a kitchenette. Two elderly ladies were in a bed. I asked him who he needed to have notarized. He said he needed a power of attorney from his mom. His mother only had a thirty year old Mexican passport. Nobody else in the room had ID to be a credible witness except for the man I was working with who was the beneficiary. I told him that I couldn’t legally notarize his mother under those circumstances. Then, he pleaded with me and offered me lots of cash which he had laying on the table next to his overflowing ashtray, half empty beer bottles, and packs of cigarettes. Then he told me about the family feud he was in and how he was accused of kidnapping his mother. At that point, I started getting nervous. I told him that he should consult a lawyer. He said he was running out of cash and couldn’t afford to see a lawyer. They seemed like they were on the run. I told him I couldn’t legally help him. He continued to plead looking very desperate and distraught. Finally I had to apologize and leave.

This was one of the spookiest notary calls I have ever gone out on.  I just wonder what their real situation was, and if they were really running for the law.  There is no way to know. You can’t question someone in that condition or they might lose their cool. I guess they were probably illegal judging from the lack of proper identification. Thank god nothing happened.

.

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Compilation of Mafia related posts about the Notary profession
http://blog.123notary.com/?p=20352

Psych Episode about a Notary. Did the body die from food poisoning or was it murder?
http://blog.123notary.com/?p=19397

Flashpoint – Notary job for a hostage with a multi-million dollar contract
http://blog.123notary.com/?p=18798

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January 27, 2011

Notarization on the Steve Harvey Show

STEVE: I have a surprise for you. Do you know why we invited you here today?

CAROL: I have no idea, honestly no idea.

STEVE: Well, I’ll give you a hint. Have you ever had anything notarized?

CAROL: No, I can’t think of anything that I’ve ever had notarized.

STEVE: Well think harder. Think fifteen years ago.

CAROL: Hmmm. I’m coming up with a blank.

STEVE: Well, you might not remember this notary, but he remembers you. And he has something of yours that you gave him when he last saw you back in 1994.

CAROL: 1994?

STEVE: Here he is!

CAROL: Oh my god, Oh my god! Randy. I remember you, but forgot that you were a Notary. And that’s the necklace I gave you. I remember it all now!

STEVE: Well, brace yourself. You better sit down. Because Randy has something that he wants to ask you!

CAROL: Oh my god. I can’t believe this is happening. Yes Randy. What did you want to ask me.

RANDY: Carol, I met you almost twenty years ago, and I have never forgotten you. You have been on my mind ever since. I realized that when we talked, back in 1994 the conversation was so meaningful. But, there’s one thing that has been on my mind that I have been needing to ask you ever since.

CAROL: One thing? Sure, ask anything you want. I just am not prepared for what you might ask.

RANDY: Carol… will you…ummm… how can I put this. Remember the notarization I did for you back in 1994. My journal said that it was for an Affidavit of Occupancy.

CAROL. Oh yeah, now I remember. That was to lock in a particular interest rate on that house.

RANDY: Well, we got so wrapped up in conversation that I forgot to ask you one thing. Carol, will you… um… will you complete the Oath that I forgot to ask you for that Affidavit of Occupancy? I kept a copy of that document all these years with the necklace you gave me.

CAROL: Oh my god, you still have that?

RANDY: Please raise your right hand. Do you solemnly swear that the information in this Affidavit of Occupancy are true and correct and that you agree to the conditions in the document?

CAROL: I do.

RANDY: I’m so relieved. Because, in my notary career, I never violated notary law, not even once. But, I realized that failing to administer an Oath for a Jurat on an Affidavit is grounds for suspension, termination, or revocation of your notary license. I’m so glad that I administered that Oath, and got it out of my system.

CAROL: You came all the way to have me on TV, just for that?

RANDY: Oh, and one more thing.

CAROL: Yes?

RANDY: Carol…. will you marry me?

CAROL: Oh my god! Yes I will, well, at least we can start dating. But, on one condition.

STEVE: The sister has conditions? I gotta hear this!

RANDY: Sure, that’s fine

CAROL: I will need a notary statement stating that you want to date me and that you will take me out for penne arrabiata at Carmino’s Italian Restaurant.

RANDY: That’s a little odd. Would you like the notarization to be a Jurat, Acknowledged signature, Protest, or an Oath.

CAROL: I’d prefer a Jurat with an accompanying Oath. And yes, I’ll keep a copy of that document to show you in 2034!

STEVE: This is amazing. I’ve never seen anything like this in my career. Just one question for Randy.

RANDY: Ask away!

STEVE: Randy, I’ve never been notarized, ever. I just want to know what it is like being notarized, just to get it out of my system. Can you notarize me?

RANDY: On camera? The camera adds 10 pounds to any signature you know.

STEVE: That’s okay. So, what’s the first step.

RANDY: I’ll need to see some ID sir!

STEVE: What, you don’t know me? I’m Steve Harvey — I’m famous. You don’t need to ID ME!

RANDY: Well, actually it is a legal requirement here.

STEVE: Oh allright. I was just playing with you. Here’s my ID. Which one you want. I got five of them.

RANDY: Your driver’s license will work.

STEVE: Allright, now what do I gotta do. Do you want me to sign something?

RANDY: If you don’t have a document, you could have something typed up.

STEVE: Well what do you want it to say?

RANDY: It can say anything you want just as long as you sign it.

STEVE: Hmmm, I’m gonna have to think about that. (he looks to the left, looks up, and looks around) I thought about it and I know what I want to say now.

RANDY: What is it?

STEVE: I wanna say, I’m Steve Harvey, and I’m smooth like butter.

RANDY: We can do that. Just sign the journal here. (staff hands him the typed up paper) Sign the document here. I’ll attach an Acknowledgment certificate, stamp it… we’re done!

STEVE: That’s it? That was easy. I didn’t feel a thing.

RANDY: It’s a fairly standard act.

STEVE: Well, I want to wish you and Carol the best of luck on your first date. In fact, we are going to pay the first $200 of your date’s expenses for dinner for two at Maggiano’s in Los Angeles. That is the fanciest, most amazing Italian restaurant anywhere in California. I love that place! Then, get this — are you ready? You can have another $200 for your next date and a gift certificate for two to see a 3d movie or movie of your choice at IMAX in Universal Studios.

CAROL: Wow Steve. This is the best day of my life. I never expected any of this.

RANDY: Thanks Steve. I don’t know how to thank you.

STEVE: Well, you can thank me with a notarized statement if you really want to know how to get to the bottom of my heart!

.

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Yes, it’s the Notary Dating Show
http://blog.123notary.com/?p=15312

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January 26, 2011

George Lopez Gets Notarized

Filed under: Humorous Posts — Tags: , , , — admin @ 11:36 pm

ANGIE: Now, you know the notarization is due at work in two days. We need to get a Notary here.

GEORGE: Okay, okay, okay. I’ll do it. Call someone from 123notary.com. They’ll send someone. And have them send someone who speaks Spanish.

ANGIE: But, you speak perfectly good English.

GEORGE: I know, I know, but if I offer them some chips and salsa de chile arbol after the notarization, if they speak Spanish, they won’t give me funny looks.

CARMEN: Everybody gives you funny looks.

GEORGE: Now, you watch your mouth Carmen. You remember who put you here on this planet.

VIC (Angie’s father) : It is so ironic, that he could put you here…. on this planet… when he himself is from an entirely different planet…

ANGIE: Where are you going in such a hurry?

VIC: I have a hot date with my 27 year old girlfriend. We are going to a five star buffet. Don’t tell her anything. She thinks I’m not a day over fifty-five…

ERNIE: I brought my mobile internet. Look, you can get 123notary.com/m right on my iphone. You never know when you need a Notary.

GEORGE: Funny you should mention that. I need a notarized affidavit, contract, and deposition tambien!

ERNIE: All of that? I hope they give you a package deal and throw in some tickets to the Lakers game too for what they are going to charge.

CARMEN: Do they have notaries who are cute?

BENNY: Yeah, I’ll settle for a younger guy, maybe around forty… who doesn’t drink too much, and doesn’t have any neck tattoos. Or at least not too many.

(the next day…)

NOTARY: Boy, the traffic here is terrible. George, you have all the documents we talked about right?

GEORGE: (shows up in white beard and looking 80 years old) Yes, I’m ready to notarize my son’s permission to go on a trip form.

NOTARY: I thought I was notarizing George.

GEORGE: Just kidding. Here I am and here is my ID.

NOTARY: You really had me there George!

GEORGE: That’s nothing. Check out what I got from one of the guys at Whole Foods. It’s the new thing in fashion for those in the food industry. A beard net!

NOTARY: Tan Loco George! But, I like it!

.

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Woody Allen gets notarized
http://blog.123notary.com/?p=14709

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January 25, 2011

Reverse Blackmail at a Notary Signing

Filed under: Drama & Tragedy,Ultra-Popular — Tags: , , , , — admin @ 12:04 am

A notary accidentally notarizes an incompletely filled out document. The client holds on to it with hopes of blackmailing the notary. The notary gets a call:
Client: “Hello, I have an incompletely filled out document that was notarized by you… I am going to report you to the Secretary of State and your commission can be revoked, suspended or terminated if I do so. I need you to do 20 notarizations over the next few weeks, otherwise I will report you!”

Notary: “You mean, I have to be your notary on call? How degrading! I can’t believe I made a mistake like that! Please make a copy of the notarization and forward it to me so I can see it.”
Client: “Well, I can get it to you right away. I need something notarized, but don’t have ID. This is why I am having so much trouble.
Notary: “Can you put your request in writing? Email it to me and I will take a look at it right away.”
Client: “Okay, I’ll send it in an email”
Notary: “Ha HA, you just committed a misdemeanor, and I have it in writing! Give me my original document back, and I won’t report YOU to the Secretary of State!
Client: “You wouldn’t!”
Notary: “You gave me no choice. Now the hunter is the hunted.”
Client: “Ah…. could you put that in writing…”

Tweets:
(1) A notary accidentally notarizes an incompletely filled out document, then gets blackmailed!
(2) I need you to do 20 notarizations or I will report you to the SOS who will revoke your commission!

You might also like:

A client tries to blackmail a very seasoned notary
http://blog.123notary.com/?p=4223

Backdating from A to Z
http://blog.123notary.com/?p=2424

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