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April 1, 2012

Do personal loans require a witness?

Filed under: Witnessing — Tags: , , , — admin @ 12:08 pm

Do personal loans require a witness?
 
Most personal loans are signed in the presence of a notary.  Refinance loan signings are commonly refered to as witness signings.  The notary is the witness in this case.  Technically, the notary needs to witness the signings of Affidavits in the loan as a matter of notary law.  Each loan is different, but there could be a Signature Affidavit, Occupancy Affidavit, and perhaps other Affidavits too.
 
What about a non-notary witness?
I have heard of personal loans or refinances requiring an outside witness, however, this only is required in particular states. Additionally, from time to time, if a signer doesn’t have their identification, a credible witness might be brought in.
 
You might also like:
 
Can a notary be a witness?
 
Can a notary be a witness to a will?

If you can’t find a witness to sign

Can a notary sign an out of state Quit Claim Deed?

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March 21, 2012

Background Screening for Notaries?

Background Screening – who needs it?
 
Notaries are never quite sure whether background checks and background screening are an important part of the industry, or just a way for the agencies who provide it to make more money.  The state and DOJ screen you when you become a notary, right?  You can not be a felon and still be a notary, right?  So, why a redundant background check?  Does it make the signing companies feel better? Do they even want it?  The reality is that few companies ever ask notaries for background checks, but a few do.  How much work will you lose by not being background checked?
 
In California or Out of California – it makes a difference
If you are outside of California, aside from getting more inches of rainfall per year, the standards for becoming a notary are different.  California has been more stringent in commissioning notaries for more than a decade, than other states in the country.  After 2005, it got even harder… a lot harder.  Its now very difficult to become a California notary public.  The test is murder, and then you need to get live scan fingerprinting (last I checked — and this is always changing), and checked by the DOJ and the FBI, and in some counties of California maybe even the KGB.  Okay, maybe not the KGB, but I’m trying to illustrate how picky things are here.  Nobody who is the least bit sketchy or questionable will be able to become a notary, unless they didn’t get caught yet.  But, what about other states?  The rules change from state to state. It is possible that many states are very lax about background checking their notaries, and in those states, maybe the NNA should background check notaries!
 
A popular topic on the forum
Background checks are a very popular topic on the forum simply because there is so much confusion and emotion tied to the subject.  There is nothing notaries hate more than having to do something redundant.  Personally, I do redundant things daily, and I don’t mind providing I’m getting a benefit from it.  Others don’t see it the way I do based on these blogs. 

You might also like:
If you visit the forum and use the search box you can look up many more strings about background checks, but these are the strings that I thought you would like the most!
 
Question 13: Background Checks
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2673
 
Background check standards 2010
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4035
 
2nd Background check by Service Link
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4007
 
Nations Direct and Background Checks
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3518
 
Background Screening?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=328
 
Its back, background check requests
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3442

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March 7, 2012

If you can’t find a witness to sign…

Filed under: Witnessing — Tags: , , , — admin @ 3:21 am

If you can’t find a witness to sign a document… 

Certain documents such as Wills generally require the signatures of witnesses.  It is better if the witness knows the signer, however, sometimes, you just have to get a living breathing human being who is 18 years of age or older.
 
A notary can be a witness. Some states allow notaries to witness as an official Notary act.  But, I have not heard of any state prohibiting a notary from acting as a witness in their capacity as an individual.
 
You can always try to grab a neighbor or a stranger who will be willing to act as a witness.
 
It is good to document the witness’s identification, printed name, phone number and address just in case.  You might need to find that person after the fact, or prove that they really witnessed a real signature.
 
Sometimes, a notary might be instructed to notarize the signature of a witness on a Will.  Although notaries are generally discouraged from notarizing the signatures of the main signer on a will, I have never heard of a notary being discouraged from notarizing the signature of a witness on a Will.

You might also like:

Can a Notary be a witness?
http://blog.123notary.com/?p=21359

Can a notary witness a will or notarize one?
http://blog.123notary.com/?p=1525

Where do credible witnesses sign the journal?
http://blog.123notary.com/?p=2508

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February 9, 2012

Notary Business Names

Notaries often ask me, should I use a business name?  Do notaries need to register as a business?  Does a notary public have to get a business license? The answer is yes.  Any business, including a home-based notary business needs a business license, otherwise, you might be operating illegally. For a notary to get a business license is not hard, just contact your county clerk’s county recorder office and ask them what the procedure is.  It is generally under $200 and the paperwork is not difficult.  Getting a fictitious business name for your notary business can also be the prerequisite to getting a bank account with your company name on it!
 
But, what to name your notary business? Too many notary businesses have similar sounding names, and they all become one big blur.  We wrote a blog entry all about signing company names which sound similar which is a fun blog entry to read.
 
Yellow Page Names
It is common for notaries advertising in the yellow pages to want to show up at the beginning of their section.  Names like A1 Notary, AAA Mobile Notary, AAAA Traveling Notary, and Aardvark Notary are common. Unfortunately, your clueless customers will get mad when you are not the auto club and tell you to change your name!!!  It happened to me, I know.
 
Glamour Names
Then, there are those who want the glamourous names like Royal Notary, Elite Notary, On Time Notary, and other vanity names.  You could capitize on a character trait such as Integrity Notary, Rapid Notary, or Honest Notary.

 Geographic Names
Geographic names are very good for website optimization.  If your business name is Glendora Mobile Notary Service, then your website will show up very well for local keywords. 
 
 
Personal Names
We have one client who’s business name is Ellen the Notary.  That is easy to remember and very personable too!  Johnson’s Traveling Notary is another example of a personal type of a notary business name. Sam’s Meandering Notary is yet another.

 Unique Names
But, what about more unique sounding names?  I generally recommend either geographically recognizable business names or unique ones. A confusion between your business and some other business with a bad reputation can be crippling!  If it were me, I would really put a few weeks of brainstorming and asking your friends to find that perfect name for your notary business. After you have narrowed it down to a few names, reflect carefully to select the ideal name as you will be stuck with it for a very long time!
 
You might also like:

Compilation of posts about Notary business names
http://blog.123notary.com/?p=21760

Comedic slogans for Notaries listed on our site
http://blog.123notary.com/?p=20410
 
Deceptive identities – Signing Companies with Similar Names

7 ways to use Facebook to market your notary services
http://blog.123notary.com/?p=5396

Business cards for mobile notaries
http://blog.123notary.com/?p=36

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February 1, 2012

Do I notarize every page of a document?

Do I notarize every page of a document? 

As a notary public, you notarize signatures on documents.  Generally, signatures are on the last page of a document, and there is some notary certificate wording below the signature section. If there is no notary certificate verbiage when you are notarizing, then you can attach a loose notary certificate with the official notary wording from your state.
 
What if the signature is in the middle of a multipage document?
With longer documents such as affidavits of support, living trusts, and other long documents, you are likely to see a signature in one of the internal pages of the document, and maybe another signature at the end of it, but not necessarily on the very last page.  Where do you attach a loose certificate if a signature is in one of the middle pages of a document?  It is normal to add notary certificates at the end of the document.  It is prudent to indicate on the certificate the page number of the document that has the signature you are notarizing with that particular certificate form.  Other notaries might use one certificate form to notarize all signatures in the document.  Which way is correct?  That is hard to say, but it is cleaner, if you have a separate notarization for each signature on a document that requires multiple signatures from the same person.  There might be separate agreements inside the same long document, making them more like separate documents that have been connected.
 
You can not notarize every page of a document.  However, you can use an embosser seal to make an inkless raised impression in all of the pages of a document you notarized, to safeguard from pages being switched after the fact.  This is a very prudent practice and I recommend it.

You might also like:

Notarizing multi-page documents
http://blog.123notary.com/?p=1706

Can I sign on a different day?
http://blog.123notary.com/?p=2457

Can a notary help draft documents?
http://blog.123notary.com/?p=2047

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

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January 21, 2012

Rules for notarizing a bedridden person

Rules for notarizing a bedridden person
 
I have written a lot on this topic, and posts relating to this topic are in the hospital category on the right.  There are no special notary laws for notarizing a bedridden signer. However, there are a few important things to know that are common when notarizing hospitalized or bedridden or elderly signers.
 
The identification must be current
A few states allow an ID to have been issued five years before the date of the notarization, when the ID technically expires four years after it was issued.  However, elderly signers will commonly have an ID that was used between Christopher Columbus’ time and the French Revolution.  If you do a signing for an elderly person (or anyone else), make sure their identification is current before you drive to that location (if you are a mobile notary). 
 
The patient / bedridden person must be coherent and sober
It is common for nurses to drug a patient right before the notary arrives.  Unfortunately, it is not legal to notarize someone who is so out of it that they can’t think or function.  So, if you want that notarization to happen, put the morphine on hold for now! Keep the valium in it’s syringe for now!  Additionally, if the signer can not move their arm to sign, you have a problem. If the signer can not talk enough to acknowledge that they understand the document, you are in trouble too. 
 
Elderly people get scammed regularly – notaries beware!

Elderly people fall prey to all types of scams, and the “nice” people who you assume are the signer’s children could be scam artists who are conning the drugged patient into signing their assets away.  The notary will (could) end up in court if someone gets scammed, so beware, and make sure the signer knows what is going on — or you (the notary) will be very sorry when the justice system hijacks you for two weeks without pay a few months or years down the road. It is not worth it!

You might also like:

Power of Attorney at a nursing home
http://blog.123notary.com/?p=2305

What is Signature by X or Signature by Mark?
http://blog.123notary.com/?p=2278

A tale of four Notaries at hospitals
http://blog.123notary.com/?p=463

30 Point course – hospital signings
http://blog.123notary.com/?p=14492

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January 12, 2012

Backdating from A to Z

Backdating from A to Z for Notaries 

Backdating is the act of putting a fraudulent date on a notarial certificate such as an Acknowledgment Certificate or Jurat Certificate, etc. Backdating is illegal and you can lose your commission, and perhaps face fines or even jail time if your crime is serious enough.
 
It is common for Lenders, or people who work in Title offices to have to close a loan by a particular date, or they will lose their lock and lose the interest rate that was agreed upon.  If the loan MUST be signed by the 5th, but there was a delay in getting the paperwork ready, or the notary couldn’t come until the 6th, then the notary might be asked to backdate!  Gulp!  You will feel pressured to do it to keep the client happy. You will/might lose your pay, and the client if you don’t do what they want — but, if you comply, you could get into legal trouble which could ruin your career or life, and perhaps your afterlife as well.  So, what are your priorities?  Do you want to oben the law and lose a client, or risk it all for a bunch of nitwits who don’t have their act together?
 
If a loan is signed on the 6th, and the journal entries for the signatures on notarized documents are on the 6th, then the date that goes in the journal and the 6th, and the date that goes on the notary certificate wording is also the 6th.  If the signing is close to midnight of the 6th, then you might be able to legally date it the 7th if part of the notary procedures went past midnight.  

Please keep in mind that the document date might be the date of the signing or earlier. The document date can be whatever the document drafter chooses, and it serves little purpose other than to identify the document and distinguish it from other similar documents.

You might also like:

Notarization Dates, Document Dates & Signature Dates!
http://blog.123notary.com/?p=2421

Seal Forgery — it happened to me!
http://blog.123notary.com/?p=724

She lost a great account because she didn’t want to backdate
http://blog.123notary.com/?p=22229

What is a document date?
http://blog.123notary.com/?p=21431

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January 11, 2012

Rude notaries?

Filed under: Etiquette — Tags: , , , , — admin @ 12:56 am

Rude notaries? 

At 123notary, we have 6000+ notaries on board, and we talk to most of them at one time or another.  We take pride in how dedicated and professional our notaries are.  Our notaries answer emails promptly, and have a high rate of answering their phone.  But, once in a while we will get a complaint of rudeness.
 
Who are these rude notaries?
Rudeness is a two-way street.  Most of the time, if a notary is accused of rudeness, the borrower or signing company was unreasonable with them or harrassed them.  Is it the notary’s fault?  In my opinion, a professional should try to maintain their cool at all times.  The defining line that separates the men from the boys is how well you handle a difficult situation with finesse.  Can you calmly handle a difficult client?  Can you smoothly work your way through a difficult situation?  Can you keep your cool when others around you are screaming?  Its difficult to know what to do when a notary is accused of being rude.  I usually keep these incidents off the record, and only in my private records.
 
Incomplete information?
What bugs me the most, is that when I get a complaint about a rude notary, I  only see text such as, “The notary was rude”.  My question is, what did the notary say?  What did you say to them first to provoke this reaction?
 
Notaries who hang up on clients.
We get regular complaints that the notary hung up on someone.  Was the client rude? Did the notary have a cell phone that routinely drop calls?  Was the notary just being a jerk?  Sometimes clients call after hours and the notary doesn’t want to be bothered. 
 
Antagonistic emails
Be careful with this one.  Nobody can remember what you said, other than the fact that it was polite or rude.  However, if you write a rude email, it can be forwarded to me — and that is proof that you really are rude!
 
Threatening clients with lawsuits
When a notary and a client get in an argument, some notaries quickly start threatening clients with lawsuits.  This is really unnecessary and rude.  It reflects poorly on us and on you.   You should not threaten someone with a law suit unless you have serious damages which you can prove.
 
Criticizing the company you are working for.
If you work for a signing company, its not good manners to criticize them or their borrowers. If they are horrible people, just don’t work for them anymore!  If the borrowers are horrible, just try to put up with them.
 
Summary
99% of our notaries are fantastic, and this blog entry doesn’t apply to you. If put in a difficult situation, try to be polite and then refuse to work for the difficult company again!  Don’t criticize people (even if they deserve it), and don’t write threatening emails.  Just do your job, and go home!

You might also like:

What to say and not say: minimum competency guide
http://blog.123notary.com/?p=4337

Borrower etiquette from A to Z
http://blog.123notary.com/?p=2995

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January 3, 2012

Finding a notary for adoption papers

Notary for Adoption 

If you need a notary for an adoption, keep in mind that there might be many documents to be notarized.  However, the notary is not free to give advice about any of these documents. The notary public just makes sure that you signed the documents and notarizes your signature(s). That is it.  You (the signer) will be required to sign the notary journal once for each signature that is being notarized. If you need advice about the notary procedures for an adoption, please consult an attorney.  The notary’s purpose is only to notarize documents and NOT to give advice…

Adoption paperwork packages tend to be long and cumbersome, so please allow ample time to read and sign the long stack of documents.

Please use 123notary.com to find a notary that can help you with your unique needs!

You might also like:

Notarizing for an adoption
http://blog.123notary.com/?p=3267

Where can I find a Notary to sign adoption paperwork? (2016)
http://blog.123notary.com/?p=18793

Tips for notarizing international adoption documents
https://www.nationalnotary.org/notary-bulletin/blog/2015/07/tips-notarizing-international-adoption-documents

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October 17, 2011

Fixing Botched Signings

Filed under: Notary Mistakes,Signing Tips — Tags: , , , — admin @ 9:09 am

Fixing botched signings
There are notaries out there who get calls from signing companies to fix loans that some other notary goofed on.  The comment of the seasoned notary is always, “Why didn’t you call me in the first place?”.  The signing company always says, “Because, you are too expensive”.  But, how much money are you really saving if the notary job has to be coordinated twice, done twice, and if the signing company and lender get a huge headache?

Taking risks
Its always risky hiring new people. You never know if they are going to be any good or not. But, the seasoned notaries often want double or triple what a novice wants.  How much is experience worth?  In my experience, if I send a Fedex, it takes five minutes, but if it gets lost and I have to play detective work to figure out what happened, and perhaps send it again, it could take an hour. I have other better things to do in that hour.

It would be easier if…
It would be better if there were some database somewhere where notaries would be rated. If someone was new, but people wrote some commentary about how the notary did their work, the others who are interested in hiring that notary would at least have some idea of how the notary worked.

Companies keep a database
Signing companies do keep their own database.  They are always trying new notaries out. If the new notary does a bad job, they get blacklisted in the database, and will not receive any more work.  However, the next company down the line doesn’t know what happened and will try the notary out for themselves.

How risky is it?
The question is, is it better to hire new notaries and take a risk of a loan being ruined?  How risky is it?  If you get paid $150 to get a loan signed and offer $50 to a notary, that is $100 profit.  If you get a good notary who wants $125, then you only make $25 which is not much of a profit. That is the motivating factor why signing companies don’t pay much.  You make quadruple the gross profit by hiring newbiews. After you pay your staff and your office expenses, you might be making 10x the profit by hiring newer notaries.  The business math is always interesting.

I feel that the Title company should have more of a say as to what notaries are hired for jobs if they care about their loans.  If they leave it to an intermediary, it will be like the shipping companies of 1000 years ago who brought expensive Arabian race horses to Europe, but fed them the cheapest food.  When the horses got where they were going, they were too weak to run anymore…

You might also like:

13 ways to get sued as a notary
http://blog.123notary.com/?p=19614

Interesting and uncommon notary acts

Visit our notary glossary!

I make mistakes too!

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