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February 22, 2019

Apostille – General Information

What is an Apostille?
An Apostille can be a document or certificate that is attached to a document notarized by a notary public, that is going to be sent OVERSEAS to a country that is not NOT a member of the HAGUE Convention. Or it can be an original document such as a Birth Certificate or Marriage Certificate that contains the original seal from the state that it originated from. In either case, the document is going to be sent overseas to places such as Mexico, Spain, Argentina, or India.

Where do I get an Apostille?
Apostilles are usually obtainable from a State Notary Division or a Secretary of State’s Office. Due to budget cuts, Secretary of State Offices are not always nearby, so it can be labor intensive to get to them.

How do I get an Apostille?
You might consider contacting an experienced notary who has been through the Apostille process many times. There are many notaries who fit this description, but you need to know how to find them. Or, you could contact your state’s Secretary of State yourself, and drive to them, and go through this process (which is like pulling teeth) yourself.

Q. Can you recommend a few notaries who are experts in the Apostille Process?
A. Yes, see the 2011 version of this blog article for recommendations.

You might also like:

What is an Apostille?
http://www.internationalapostille.com/what-is-an-apostille/

Department of State — Apostille Requirements
https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/internl-judicial-asst/authentications-and-apostilles/apostille-requirements.html

2011 version of — How do I get an Apostille or Authentication?
http://blog.123notary.com/?p=1793

Using the correct notary certificate for an Apostille
http://blog.123notary.com/?p=19902

Certified copy of an Apostille?
http://blog.123notary.com/?p=14923

Basic Notary Vocabulary
http://blog.123notary.com/?p=19495

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April 3, 2018

Using the correct Notarial Certificate for an Apostille:

Filed under: Other Guest Bloggers — Tags: , , — admin @ 10:17 am

At our office in Downtown Los Angeles — A1 Live Scan & Notary Services – we get to correctly renotarize many notarized documents that the SOS rejects doing an Apostille because the wrong notarial certificate was used by a Notary.

Let’s first start with what is an Apostille?
An Apostille authenticates the Notary Public as a valid and licensed Notary to a foreign government or agency. The foreign entity relies on the SOS to make sure that the document being sent to them was in fact notarized by a currently licensed notary in good standing.

Next the question is what type of Notarial Certificate do you attach to a document being taken to the SOS for an Apostille?

First and foremost, ask the singer and explain the differences between the 3 commonly used certificates – All Purpose Acknowledgment, Jurat and Copy Certification by Document Custodian.

If the signer is not sure, go over the preprinted language on the document with the signer if there is notarial wording. In most cases even if there is notarial wording, it would not comply with California Notary Laws. So then look at the existing language and if it has “affirmations”, “oaths” or “swearing as to the truth of the contents”, use a Jurat.

If the language does not have an Oath but merely says the person appeared in front of you and acknowledged signing the document, then use a California All-Purpose Acknowledgment.

The third type of Notarization for an Apostille is when a signer brings a document such as College transcripts, Degree Certificates, Passport copy, letters from third parties. These documents are already signed by the issuer and there is no notarial wording. In this case, you use a certificate called, “Copy Certification by Document Custodian” to notarize the document by the person who brings it to you even if it is not that person’s document. Hence the name “…by Document Custodian”.

Hope this clarifies the confusion surrounding certificates used for an Apostille.

You might also like:

Apostille – general information
http://blog.123notary.com/?p=21419

Index of posts about Notary acts
http://blog.123notary.com/?p=20280

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April 12, 2016

Handling Aggressive Callers

Filed under: Etiquette,Ken Edelstein — Tags: , — admin @ 2:45 am

Handling Aggressive Callers
Perhaps it’s because I live in New York City. Fortunately, the aggressive caller is really a rare event. But, they do occur and it can be a challenge to handle the call. Some want to transfer their problem to a notary, others have exploitation in mind. The worst, due to upbringing or position are used to having things precisely their own way. As notaries we facilitate, within the bounds of reality and legality, their objectives. But, that does not require us to be manipulated.

Our fees are often a point of contention. Some, used to going to the bank and obtaining free services consider mobile notaries on Sunday to be appropriate replacements. Blithely ignoring the fact that expenses and time are incurred going to them, the often demand free or trivial charges. I have been told that as a “public servant” it is my “duty” to acquiesce to outrageous demands. Well, I for one am not any kind of “servant”. It’s a challenge to communicate with these people, but that is what we must do.

Don’t throw gasoline on the fire! An indignant or hostile response to aggression will only escalate the problem. Professional prize fighters know to deflect a punch, redirecting its energy away from them. In a similar manner providing an alternative (to you) notary service often works. I generally suggest the office of the County Clerk – in NY State they notarize at no charge. Be helpful. Even if you do not want this particular client; you can still provide them with some procedural information. It’s not legal advice to suggest they bring Govt. issued photo ID to some other notary. Being helpful will diminish the other persons rage.

Don’t take the bait to respond in kind. Assume a recording device is in use. Make sure that what you say on the phone is accurate and polite. Many “rabble rousers” will quickly disappear when they realize you are not taking the bait. A calm flat professional tone of voice, devoid of emotion works wonders. I have a standard reply for “semi-insulting” comments. I tell them “thank you for sharing your opinion”. Of course true screaming profanity receives an instant hang up.

I had one nut on a vendetta. That person called me 9 times, insisting that I explain in detail the procedure to process an Apostille. After the third call I started a log. With each subsequent call my only response was that I am logging the date and time and my request to not call again. Also, that I would file a criminal complaint for harassment with the police. Now I have Extreme Call Blocker software on the phone. Duds connect for half a second, and then the call is disconnected.

It’s all about being in control of the call; which of course starts with being in control of yourself. I have found that silence on my part often works well. Eventually they say “are you there”? A response of “I was listening carefully to what you had to say and was waiting for when you would give me an opportunity to respond”, politeness does defeat hostility.

There are many possible reasons that you cannot continue to remain on a hopeless call. Perhaps you have a call from France on hold, or you might be booked for the next few days. Generally, the less you say the better. Sometimes frankness works. One aggressive caller chided me for not having a walk in facility. “You are supposed to”. I responded my revenue would not pay Manhattan rent, it was just economically unfeasible. But, sometimes the “devil” on my shoulder gets the better of me. “The only way I could provide you a walk in facility is if you pay the rent!”

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You might also like:

Unilateral commitments in the Notary profession
http://blog.123notary.com/?p=15812

Notary Respect
http://blog.123notary.com/?p=15367

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March 3, 2015

I was Forged

Filed under: Ken Edelstein — Tags: , , — admin @ 8:12 am

I was Forged
I receive an email, supposedly from Germany. I was asked to verify that I did the notarization on a Will and an Affidavit of Claim. The sender included PDF copies of the two documents. They were hilarious forgeries. The signatures of my name as Notary on the Will, and as Commissioner for Oaths were not even close. Oddly, the first letter of my last name was signed with a lower case “e”, not a capital “E”. I replied that the documents were not signed by me.

The “notarization” of the will did not include an image of my notary stamp. In NY it’s required to either type or print the notary information under the signature. Also, notaries who are not attorneys are not allowed to notarize the signature of the person who the will is for. The will had my name as also notarizing the witnesses. Each name in the notary section was written with a different handwriting. An image of the seal of New York State was copied onto each document, presumably to replace a proper notary seal. It was a mess.

New York City does have a Commissioner of Deeds office, similar to the much more useful statewide Notary function. However, the forger replaced “Deeds” with “Oaths” – clearly this was not the work of a dedicated professional. The amount involved was in the tens of millions, in US dollars. Even stranger: these were to be used to settle in a German court. Usually, US notarized documents bound for other countries receive an Apostille; but it was not present. Of course it could not be. Part of the Apostille issuing procedure (in NY) includes notary signature verification.

So much for the actual forgery; I thought my reply ended my involvement. However, the next email from Germany raised the alarm bells. I was asked if the named beneficiary to the Will was “a fraud” and if the Affidavit of Claim was a fake. Now I was being asked IMHO a legal question. The second reply was very carefully worded. “The determination of fraud and fake are issues to be determined by the courts”. You never really know who is sending the email and if they have a hidden agenda. Write emails in such a manner that they can’t be used against you in litigation.

US currency is designed to thwart counterfeiting. But, if the recipient does not make an effort to examine the cash; even the most inept efforts are successful. In a similar manner, the recipient of a notarization should make some effort to verify its authenticity. An attachment issued by the NY State County Clerks, the Authentication; specifically mentions the signature being verified. Their form is “overstamped” after being affixed to my notarization. The issue of a “cut and paste” of a valid notaries signature onto a document fails under close examination. It might “look good” but a crime lab will find toner not ink in that signature.

As my name is “out there” on the internet it was easy for the person in Germany to obtain my email address. I can only wonder how many other forgeries are out there. Thankfully the forgery was legible and that gave access to me. Which is worse? An illegible signature that does not “point” to the notary, or a clear one that specifically spells your name? Perhaps the legibility was to permit the recipient to “look me up” to verify I was really a notary. What can be done to stop this abuse? Nothing I can think of. Sticking to my registered signature, using stamp and embosser (always) makes it easy to spot a forgery. If you have actually had to appear in court to contest a forgery please leave a comment detailing your experiences.

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You might also like:

Fraud & Forgery in the Notary Profession
http://blog.123notary.com/?p=2294

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November 24, 2011

How do I get an Apostille or Authentication?

Where do I get an Apostille?
Apostilles are usually obtainable from a State Notary Division or a Secretary of State’s Office.  Due to budget cuts, Secretary of State Offices are not always closeby, so it can be labor intensive to get to them.
 
What is an Apostille?
An Apostille CAN BE a document or certificate that is attached to a document notarized by a notary public, that is going to be sent OVERSEAS to a country that are NOT members of the HAGUE Convention. Or it can be an original document such as a Birth Certificate or Marriage Certificate that contains the original seal from the state that it originated from.  In either case, the document is going to be sent overseas to places such as Mexico, Spain, Argentina, or India.
 
Some documents need to be authenticated before you can get an Apostille, while others don’t.
 
How do I get an Apostille?
You might consider contacting an EXPERIENCED notary who has been through the Apostille process many times.  There are many notaries who fit this description, but you need to know how to find them. Or, you could contact your state’s Secretary of State yourself, and drive to them, and go through this process (which is like pulling teeth) yourself.
 
Q. Can you recommend a few notaries who are experts in the Apostille Process?
A.  Yes, below there is list of notaries in various locations who know the process well.
 

San Diego, CA — Joe Ewing

 
Los Angeles, CA — Carmen Towles
 
San Francisco, CA — Glenn Turner


Sergio Musetti — Cotati, CA

 
New York City, NY — Linda Harrison
 

Oradell, NJ — Linda Harrison

 
What is an Authentication?
This certificate accompanies an Apostille.  The Authentication verifies the notary’s official seal and their signature on a notarized certificate section on a document.
 
When do I need an Authentication?
This is a tricky question.  Please contact your local County Clerk’s office, and they will give you a professional answer.

You might also like:

Apostille general information
http://blog.123notary.com/?p=21419

Using the correct notary certificate for an Apostille
http://blog.123notary.com/?p=19902

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January 14, 2011

Certified Copy of an Apostille?

Filed under: Ken Edelstein,Technical & Legal — Tags: , — admin @ 10:00 am

Certified Copy of an Apostille?
Sometimes I am in awe of the machinations suggested to reduce notary fees. I have just been asked to process a college degree with an Apostille. Routine. However, the client also has asked me to additionally prepare a “certified copy” of the Apostille bearing document! Of course this is totally illegal; and it’s worthwhile to explore the issues involved.

“Student Copies” of educational related documents (degrees, transcripts, etc.) are illegal to notarize in New York State. Photocopies do not include the anti-tamper protections commonly incorporated into the original documents. “Photoshop Magicians” have been known to change the grades; raising their grade point average from a dismal 2.5 to a laudable 3.7. All done with just a few clicks of the mouse. Worse, there have been cases where only the name is changed on the degree – instant college education!

To put an end to this fraud, New York State has added educational related documents to the list of “copy may not be notarized” documents. Already on that list are Birth, Death, Marriage, Divorce and some other officially issued documents. With educational related documents, it is the Principal or Registrar who is the only authority to sign and be notarized. Their signature is on an original, even if it duplicates a prior issuance. Degrees are generally issued for Apostille processing as a letter, signed and notarized – attached to the actual degree. Both should contain the raised seal of the issuing institution.

Now to follow the processing trail. I notarize the signature of the Registrar on the letter with attached degree. My signature is authenticated by the State of New York and the signature of the County Clerk is added; attesting to my “good” standing as a New York State Notary. Then the document goes to the Department of State to receive an Apostille, after the signature of the New York County Clerk is verified. Finally the Apostille is added; with a tamper proof, non-removable grommet, such that pages cannot be added or removed.

The package now contains many signatures: The Registrar, the Notary, the County Clerk and the Secretary of State of the State of New York. Each one has added, in addition to their signature either a raised seal, or some other tamper resistant protection. It is for that reason that the package is acceptable for use in other countries.

Now comes a request for me, the humble notary to “certify” a copy of the entire package! It’s not even easy to make a copy because of the grommet holding the pages together. The only way to make a copy is to fold the prior pages “out of the way” leaving the grommet at the top left intact.

The photocopy would be a mess, and look it. But, it is technically possible; with parts of the underlying documents “cut off” because the non-removable grommet blocks the photocopying. OK, now http://kenneth-a-edelstein.com has a “somewhat” complete copy. How can I “certify” the copy? First, it’s illegal in New York State for a notary to certify ANY copy, only the owner of the document can make a statement that the copy is complete and unaltered; assuming it’s not on the “no photocopy” list. It’s common to notarize a photocopy of an electric bill to be part of proof of residency. But, it’s a long step from electric bill (with affiant present) to educational degree with Apostille attached and no affiant. The only legal way would be to do the complete job twice.

.

You might also like:

How do I get an Apostille or Authentication?
http://blog.123notary.com/?p=1793

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January 10, 2011

Notary Technician or Flub A Dub?

Filed under: Ken Edelstein,Technical & Legal — Tags: , , — admin @ 4:21 am

As a notary professional you are expected to “know your stuff”. But, exactly what knowledge does knowing your stuff comprise? The obvious first component is your states’ notary laws. Yes, they vary from state to state, sometimes county to county. Commonwealth and Parish; the same. You must know your local laws; REALLY know them. Start with the “become a notary” study guide if your area offers such a document, then read the actual statutes. Confused by the “legal mumbo jumbo” – then ask the ones who issued your license for clarification. They want you to follow those regulations, and will answer questions. The laws change. You need to review them at the very least twice a year; all of them – to find the changes. In New York State it’s prohibited to notarize a civil deposition on a Sunday. Break this rule and when the document is thrown out; then someone will want compensation. My E&O will offer sympathy but not coverage.

“Sworn to and Subscribed….”, note the first two words. Do you just ask “something” such as “is what you signed true?”, or do you use verbiage mandated by your jurisdiction. I know, the “raise your right hand” is done only by a small fraction. But the oath!

Do you always carry a tiny pocket notary stamp? They are available about the size of a pack of gum. In addition to fitting into a really tight spot; you will be able to notarize most documents (even though embossing is best) without your full “notary kit”. Mine snaps open with a press of the thumb and is very light. They do require practice to affix a clear and proper image.

Most of us know enough to decline to include a few additional ACKs not related to any specific signature. But the ACK on the page following the signature (unless “locked down” by page number, loan number, etc.) – is exactly that. Do you know how to associate your notarization with a specific signature when necessary? Half an (additional) notary stamp on each page is one technique that works for me.

Certification of Copy requests are common. But, in some states it must be your clients’ statement as to the accuracy of the copy; that’s the rule in NY. It is also prohibited in NY to notarize (no matter who makes the statement) copies of Birth, Death and Marriage certificates. The state sells these in a tamper resistant format and forbids notaries from notarizing photocopies. Do you know the “no no” list as to photocopies in your area? Educational documents are also difficult.

Do you know how to obtain an Apostille? Every Secretary of State, under the authority of the US Secretary of State issues them. It’s often hard to find the procedure on the internet. It’s an easy revenue stream as many are frustrated when they try to do it themselves. Some nations, the UAE for example, require an “Apostille” issued at the Federal level. Do you know how to obtain it quickly? Do you know why the word Apostille is in quotes when discussing the Federal level?

As a http://newyorkmobilenotarypublic.com mine is a particularly demanding market. The work varies from simple signings to complex foreign documents that must be processed in a manner to meet the local laws, and be acceptable at their foreign destination. Your ability to process the unusual and complex leaves a lasting impression. Those who only know how to stamp and sign will be relegated to the lowest profit simple assignments. Learn more leads to earn more.

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And drop off the package
http://blog.123notary.com/?p=16476

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

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January 7, 2011

Rich man poor man: Market Yourself to the Wealthy

Rich Man Poor Man

Here is some shocking news – wealthy people have an easier time paying a higher notary fee compared to poor people. Wow! Whatta surprise. Pardon my obvious statement. But I do wonder why so many notaries are struggling with signing service fees – fees paid by little entities with balance sheets that are awash in red ink. Do you have a signing service in your town? Probably not, but you do have many wealthy people whose time is very valuable. Now you know the secret of collecting those higher and much easier to earn fees. Market yourself to the wealthy. It’s that simple. It’s the opposite of going, as a notary to the poorhouse seeking clients. Who are the wealthy? You already know – but might not know just why they need you. Let’s take some time out from the signing rat race, step out of the maze and let me show you the shortcut to the cheese.

I had a fellow who gave me over 17 Apostille assignments for an adoption. He needed various doctor statements to be notarized and receive an Apostille. My fee for each, no discounting; was on the high side for an edoc job. However, the work was much quicker and cleaner. He was a –big shot – stockbroker. He worried about missing an important call and losing a commission that would have been over 6 months of earning – for me. But, not for him; he makes that much money in the course of a 15 minute phone call. I know this for a fact as he told me – while paying me – how he just made several thousand dollars. He even gave me a Franklyn for a tip!

Attorneys often receive Power of Attorney; to sign papers for their clients. The high profile client does not want to hunt for a notary. The Attorney of record, as involved in the transaction cannot notarize the client giving him the power – so an outside notary is needed. Enter the mobile notary, me, to their office. Of course they have others who usually handle this, but sometimes they are on vacation or out sick – I get the call. Doctors, will not go hunting for a notary – they like to have a card on file of a reliable notary who will go to them.

Everyday shopkeepers, who must –mind the store- often have legal documents that must be notarized. The needs vary greatly – the common thread is that their time is worth more than your time. They can pay me XX which is very much worth my while to go to them – and that XX is less than the revenue they would lose by going to find a notary. Clearly, this works best with people whose time is one of their most valuable assets. As a http://newyorkmobilenotarypublic.com I probably have more rich people here in Manhattan compared to most places. But the concept is applicable in your home town too. Give a card to the general manager of the large Big Box stores in the local shopping centers. I sure don’t have many WalMarts in Manhattan. That person is busy, very busy – and is likely to need a notary now and then but do they have your card? That person pays to save time using company money – it’s not out of the managers’ pocket – does that matter to you.

To harp on the point. Seek out the wealthy who have little time to spare and more money to spend. When you run out of wealthy prospects seek out those who can pay using –company money- to save their personal time. Trust me on this – it is very pleasant to work with these people. They are very appreciative of your services, and are willing to pay fair rates. Now compare what I have written above to a discussion with El Cheepo signing as you beg for an additional ten dollars for faxing 50 pages. Are you marketing yourself wisely to the right prospects?

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

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