Oath Archives - Page 2 of 2 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
123Notary

Notary Blog – Signing Tips, Marketing Tips, General Notary Advice – 123notary.com Control Panel

January 28, 2012

Information about various notary procedures

Filed under: Technical & Legal — Tags: , , , , , , , , — admin @ 9:14 am

This blog entry will contain links to information about various notary procedures.

Credible witness notary procedure
Credible Witnesses from A to Z
 
General notary public procedure
There are various types of notary acts which are common such as Jurats, Acknowledgments, Oaths, and Affidavits.  Please click on the link of the notary act you are interested in.
 
Jail signing Procedures
Jail signings are not that different from other signings except for the fact that inmates typically do not have identification that is acceptable to notaries.  The next difference is that the person who coordinates the jail signing and meets the notary at the jail is generally a relative, girlfriend, or attorney for the inmate, where most notary jobs are booked by the signer themselves.  It is possible that inmates could be moved from jail to jail which is another issue. Please read out blog about jail signings.
 
Notarized Affidavit Procedure
An affidavit is a document like any other, and it is generally notarized using a Jurat which requires the signer to sign in the presence of the notary, and for the signer to swear under oath that the contents of the statement / document are true and correct and perhaps that they will abide by the terms in the agreement. Please read our entry about Notarized Affidavits. 
 

Notary Witness Procedure
Notaries can act as witnesses in their capacity as individuals.  Please see our blog entry entitled,”can a notary be a witness“.  Notaries can notarize signatures of witnesses, and can also use credible witnesses to identify a signer in many states. In addition, there is such a thing as subscribing witnesses for proofs of execution and for signing by x.
 
Procedure for notary by mark
Please see our blog entry about signing by x
 
Procedure for Affidavit of Support
Please see our blog entry about Affidavits of Support. In short this is notarized like any other affidavit and uses a Jurat which requires the signer to sign in the presence of the notary and take an Oath regarding the truthfulness of the document and their willingness to abide by the terms stipulated in the document.

You might also like:

Notary Procedure for Affidavit of Support Documents
http://blog.123notary.com/?p=1421

Credible Witnesses from A to Z
http://blog.123notary.com/?p=452

Share
>

January 27, 2011

You know you’re a notary when…

Filed under: Best Humorous Posts,Humorous Posts,Popular on Linked In — Tags: , , , , , — admin @ 10:52 am

You know you’re a Notary Public when…

(1) You go to a bar and ID the bartender before he has a chance to ID you.
(2) You ID every girl you date even when their high school yearbook is over 18
(3) You like Oreo cookies because they’re embossed.
(4) Your favorite ice cream is from Jen & Sherry’s, Rescinded Rum Raisin
(5) You background screen your golf buddies before going out into the course with them
(6) You have a bumper sticker that says “I’d rather be signing”
(7) You spend so much time with your GPS that you make Siri sign a prenup.
(8) You spend so much time with your GPS that you know all of its most intimate pieces of information such as favorite foods, birthdays, favorite roads, and mother’s maiden name.
(9) You become famous, people ask for your autograph and you’d rather have theirs
(10) Your mailbox and inbox are cluttered by twelve different notary organizations.
(11) Your Jewish son meets a nice Jewish girl and you ask, “Is she a notary?”
(12) Your favorite seafood is squid because it never needs an ink refill.
(13) When you get your parking validated, you rip the stamp out of the person’s hands so you can stamp it yourself.
(14) You comment, “Gee, your hairstyle doesn’t match your ID,” when you meet someone at a bar.
(15) You compliment people on their signatures — “Gee, that’s a lovely cursive.”
(16) You take pawprints of the animals in the neighborhood just in case they get lost.
(17) You spend your spare time last weekend writing a letter to the State of Nevada criticizing them for allowing drivers licenses to be valid for 20 years.
(18) When you go to court (for whatever reason) you correct the bailiff’s Oath wording.
(19) You wear a T-shirt saying, “I’m not your husband’s mistress, I’m the Notary!”
(20) You have an NNA towel that you take to the beach (if such a thing exists)
(21) All guests entering your house must personally appear before you and sign the journal, put a date and time, plus reason for entry.
(22) Your favorite California wine is the Notary Public Cabernet – You’d swear under oath it’s the best vino there is if you weren’t busy slurring your notary verbiage
(23) When your friend asked you, “Can I turn left here?” You respond, “I am not an Attorney and may not answer legal questions or perform loan signings in the state of Georgia. I am just a Notary.”
(24) When you go to cocktail parties and people ask what you do you respond, “Next question.”
(25) When you go to a bar, you always order their signature drinks.
(26) When someone asks how old your young children are, instead of measuring their age in weeks or months, you measure it in fractions of a commission. Oh this one? Judy? Yeah, we got her during my 2nd commission. But, Fred over here we’ve had since before I was commissioned at all. He must be getting old now.
(27) You ask your Jewish friends if they need their kid’s Bar-Mitzvahs Notarized.
(28) If your friend invites you to a party and then calls you to change the venue, you offer to initial the change.
(29) You have a bumper sticker saying — Warning, I brake for Mortgage Brokers.
(30) You have another bumper sticker saying — Notary on Board
(31) You have a happy hour menu with special prices for Jurats.
(32) Your favorite Chinese restaurant has fortune cookies that read — He who backdate live long life, but have short commission.
(33) You have a special credit card that gives double miles if you stay at The Notary Hotel
(34) When you see a girl with a nice tan, you comment that she must have used a lot of toner to get that look.
(35) When you go out for steak you only get certified Angus steak.
(36) When charitable organizations send you 500 labels with your home address on it, you throw them out as you prefer to use a customized stamp.
(36) Your favorite movie was — Honey, I Notarized the Kids.

.

You might also like:

Notary Aptitude Test
http://blog.123notary.com/?p=15853

You know you’re a good Notary when you…
http://blog.123notary.com/?p=14912

30 point quiz: Jeopardy
http://blog.123notary.com/?p=14557

Share
>

January 22, 2011

Definition of Oath

Filed under: Uncategorized — Tags: , , , , , , , — admin @ 10:22 am

This article deals with Oaths in general as well as how Oaths are significant in the Notary Profession.

What is an Oath?
An Oath is a solemn and formal statement of fact or promise that is worded in a sacred or official way. An Oath is a formalized vow normally taken before others in a formal situation.

Types of Oaths
It is common for people to take an Oath or swear under Oath when becoming a public official which would be called being sworn into office. People also take Oaths when they get married or when they are sworn into court as a defendant, plaintiff, Attorney, witness or juror. People take an Oath of citizenship when becoming a citizen. Those in the medical profession take a hippocratic Oath. But, zookeepers do not need to take a rhinocratic Oath contrary to popular belief.

Hand Gestures
It is common in the United States for people to raise their right hand with their palm facing forward at the beginning of an Oath proceeding. Different parts of the world might have different hand gestures or no hand gestures.

Some People Refuse Oaths
Some Christians refuse to swear under Oath as they always tell the truth (or claim to.) They seem to not understand that the purpose of the Oath is not to prove to themselves that they are telling the truth, but to impress upon others that they are — while the others might not have the same opinion as to the integrity of the affiant. The Notary profession now allows for Affirmations instead of Oaths for those religious people who don’t believe in oaths.

Affirmations
An Affirmation is a formal statement that currently carries the same and identical weight and meaning as an Oath. A Notary Public can swear someone in using an Affirmation instead of an Oath merely by substituting verbiage. Instead of saying, “Do you solemnly swear that this document is true and correct?” you could say, “Do you solemnly affirm that this document is true and correct?”

Affiant
An affiant is the person who swears under Oath typically in a written statement called an Affidavit.

Affidavit
An Affidavit is a written document, often a legal document where the Affiant swears before a Notary Public as to the truthfulness of the document.

Jurat
A Jurat is an official Notary act where the affiant swears under Oath to the truthfulness of a written statement or document. Some Jurats have handwritten statements written by the signer who is also the affiant. Others are drafted up by an Attorney, government or professional agency.

Notarial Oath
Jurats are not the only Notary act that can have an Oath. Notaries use Oaths in many aspects of their work. Notaries take an Oath of Office to get sworn into duty when their commission begins. Notaries routinely swear in Credible Witnesses who are used to identify a signer who doesn’t have identification. Notaries swear in Subscribing Witnesses as well who witness people signing a document. There are also just plain Oaths that Notaries administer. The Oath might not be written or recorded. If Notary administers an Oath, they should indicate in their journal that they gave an Oath regarding a particular subject and have the Oath taker (affiant) sign the journal in that corresponding entry.

Acknowledgments with Oaths
Acknowledged signatures normally do not have Oaths, but they could have an accompanying Oath. Acknowledgments allow the signer to sign before they see the Notary Public. However, the Oath would have to be taken in the presence of a Notary Public.

Oaths in Mortgage Loan Signings
Mortgage loan signings normally contain several affidavits such as the Signature Affidavit which requires a sworn Oath. So, if you perform Loan Signings, be prepared to be an expert at the art of Oath giving.

Question
If Physicians take a Hippocratic Oath, what type of profession would take a Rhinocratic Oath?

You might also like:

Subscribing witnesses explained
http://blog.123notary.com/?p=16707

How good is your technical knowledge? Should you learn more?
http://blog.123notary.com/?p=16683

Share
>

January 16, 2011

The Right to Decline Notarization

Filed under: Ken Edelstein,Technical & Legal — Tags: , , , , , , , — admin @ 10:25 pm

The Right to Decline Notarization
Notary must officiate on request.

The Penal Law (§195.00) provides that an officer before whom an oath or affidavit may be taken is bound to administer the same when requested, and a refusal to do so is a misdemeanor. (People v. Brooks, 1 Den. 457.)

The above is from the handbook of law provided to New York State notaries. Not much “wiggle room” there. I am writing this wondering if I just committed a crime! Of course we decline to notarize when something is “not right”, as we should. However, the issue before me is a request to officiate at the opening of a safe deposit box.

I have never participated in a safe deposit box opening. From what I understand, the notary is present and verifies the contents. It’s often a time consuming procedure. Generally it is a low paying function. I have heard that sometimes the notary is notarizing the statement as to the contents made by a bank officer. Other banks require the notary to make the statement as to the content and, as a notary, stamp and sign. That second procedure is a self notarization and illegal in New York State, and probably most other jurisdictions.

For the sake of discussion; let’s assume the procedure requested is the former, notarization of the statement by the bank officer. That’s certainly legal. The real issue is can mobile notaries legally refuse assignments? It is my understanding that a notary in a place of public accommodation (eg: at a bank) cannot refuse often saying “you must be a client of the bank”, any legal request. However, the mobile notary does not have a walk in location open to the public. Thus, IMHO the “before whom” does not exist; certainly that propinquity is not achieved “over the phone”.

One approach to avoiding unwanted situations is to price them very high. Sure, I’m available for your safe deposit box opening and my fee, with travel, is $500. But, that is a sham; and is sure to put you on the bank’s “do not call” list; possibly precluding an attractive assignment. I did not “high bid” my recent caller. I simply stated that I choose to not accept such assignments. And, that is the heart of the issue. Was declining a proper thing to do?

I have had people, despite my advertising to being a “Mobile Notary”; ring my bell and wish to enter my residence to have their document notarized. All of these have been declined. One or two were irate, and indicated that they would file formal charges against me. If they did, my licensing authorities probably dismissed their protest. I doubt there is any requirement to allow persons into my home, with the exception of Police, Fire, Building Inspectors, etc.

Unfortunately, the real issue remains, in my mind, a bit murky. Can I refuse a valid mobile notary request? If my schedule conflicts, I consider that a valid reason. But, if I am “available” do I have the right to “pick and choose” what mobile notary assignments I accept? We certainly do that all the time with Edocs from lowball disreputable callers. Many notaries do not like to notarize Power of Attorney documents. Many clients tell me their bank refused because Power of Attorney notarizations are “against bank policy”; presumably to avoid potential litigation.

Do we as individual mobile notaries have the right to refuse service to individuals for whatever reasoning we employ? The law cited above appears to require servicing all legal requests. My “not before us” is probably on weak legal grounds; I am not an attorney. How do you respond to requests that you do not wish to accept; especially those from individuals with proper ID, etc.

.

You might also like:

The art of the decline to new notary jobs
http://blog.123notary.com/?p=15783

Decline profitable junk work
http://blog.123notary.com/?p=15495

Share
>

January 4, 2011

Doing Oaths? Use a multiple choice form to pick a deity!

Filed under: Uncategorized — Tags: , , — admin @ 10:40 am

The politically correct movement has swept the nation. Even in places like Alabama, people are shying away from the mention of God and doing Affirmations instead of Oaths. The problem I have with this is that there are customs involving Oaths that make the Oath formal and solemn, and by doing away with these customs, in my opinion, you undermine the whole Oath experience.

A traditional Oath is done with the clause — so help you God at the end.

Nowadays you can pick your favorite diety in an Oath, or at least that is what many Notaries feel. The way I teach Oaths, you can only swear to God and nobody else. If you don’t like God or the mention of God, then try an Affirmation which has you affirm on your honor. The picking of divine entities bothers me because the Oath procedure becomes a free for all. It is like Gay marriage. Now a man can marry a man, woman, sheep, or even a lion in some states (just kidding.) Below are some examples of this convoluted change in Oath procedure.

NOTARY: I am going to administer an Oath to you. So, I will need you to pick a deity to swear to. For me to do the Oath verbiage correctly, please let me know your choice of deities in advance. For God press A, for Lord Krishna press B, for Muhammad C (although that would be forbidden in Islam to swear to anyone other than God), and for Shinto-Man press D.

SIGNER: I don’t really care.

NOTARY: Oh, I am just being sensitive. Do you have a preference?

SIGNER: I’ll pick Ganesh for $50.

NOTARY: I don’t think Ganesh is for sale, but here goes. Do you solemnly swear that the contents of this document are true and correct so help you Ganesh?

SIGNER: I do. I swear by his tusk. He’s an elephant so I assume he has a tusk, unless he was detuskified.

The ironies of these types of Oaths are that the Notaries put so much effort into avoiding offending the Affiant (a word most Notaries do not even know) that they fail to maintain the legality of the Oath by giving off-topic Oaths perhaps regarding whether or not you signed the document on your own free will, or if your name is really John Smith. The Oath must be to the truthfulness of the document as a primary focus. But Notary focus is on politically correct nonsense these days and not on the law. If there were a prison for Notaries who break the law, I would put them in a very politically prison where they are referred to as Notarial-Americans instead of Notaries.

Here is another example. The signer is being particular about his preferences.

SIGNER: I need an Oath.

NOTARY: Oh, would you like to have an Oath under God, or some other diety.

SIGNER: Is it possible to swear to Vishnu because I am a Vaishnav.

NOTARY: A what?

SIGNER: A Vaishnav is a type of Hindu that believes in Vishnu just like a Shivite prays to Shiva.

NOTARY: Who?

SIGNER: How can you administer an Oath to me for a God that you don’t even know the name of?

NOTARY: Okay… Do you solemnly Affirm under the supreme rule of Vaishoo…

SIGNER: Not only did you mispronounce the name of my God, but you don’t even know the names of the words in a real Oath. In an Oath you swear not affirm, and in an Affirmation you affirm, not swear. You can’t just mix-match the words any way you like. The minute the word swear is not there, it is no longer an Oath.

NOTARY: Yes, but they are legally the same.

SIGNER: Be that as it may, I have the right to choose the type of Notarization, and you re-chose a different act on your own initiative which is not legal. If you spent more time following the law and less time playing multiple choice with deities you might be a better Notary. You might even become a law abiding Notary!

NOTARY: You’re rude! But, we’ll do the Oath again. And the deity of the day is Jupiter. I want to do a Greek God today.

SIGNER: Doing Oaths is not like deciding what type of dressing to put on your mandarin salad. This is a legal process and there are rules. You might not know what the rules are, but there still are rules. I am reporting you to the Secretary of State. I am sick of this nonsense. You are commissioned to do notary work, yet you don’t even know how to do the simplest acts. Unbelievable. My Vishnu… Ooops, I used the lord’s name in vein.

NOTARY: Don’t worry, I won’t report you.

Jeremy’s advice
Unless you have read up on your state’s laws and know which Gods are admissible for an Oath, stick to God, the founder of the universe. And in an Affirmation have the Affiant affirm on their personal honor. That is how I teach it and it is simpler that way. You may not think anyone is checking up on your when you are doing Oaths — but, God is, so use his name if you do an Oath. And if someone doesn’t like mentioning God, do an Affirmation. And remember — if they are Unitarian, the last time God was mentioned was when the janitor hit is thumb with a hammer.

.

You might also like:

Airline meals vs. Notary Oaths & Affirmations
http://blog.123notary.com/?p=19549

Notary Public 101 – Oaths, Affirmations, Jurats & Acknowledgments
http://blog.123notary.com/?p=19500

Should you give book wording for Oaths or improvise?
http://blog.123notary.com/?p=19660

Oaths – how Notaries completely screw them up
http://blog.123notary.com/?p=19369

Share
>
« Newer Posts