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August 27, 2016

Can a Virginia Notary notarize in DC or Maryland?

Filed under: Virginia Notary — Tags: , , — admin @ 9:03 pm

A Notary can only notarize in their state of commission except under some very unusual circumstances. So, a Virginia Notary Public can notarize in any county of Virginia. However, they cannot notarize outside of state boundaries using their Virginia Notary Seal.

But, it is common for a Virginia Notary to get dual or triple commissioned. A Virginia Notary may apply for a Maryland Notary Commission or a District of Columbia Notary Commission. 123notary has many Notaries on board our Notary directory who are dual or triple commissioned in the DC area. A DC Notary may also apply for a Maryland or Virginia Notary Commission.

DC is a very small territory for a mobile Notary to cover. On the other hand, there are so few Notaries in our nation’s capitol that out of state Notaries are necessary to handle the volume of work.

In the worst case scenario, if you need a Virginia Notary to help you while you are in DC, you can meet them right at the Virginia side of the border and then they can notarize for you. Just make sure your identification is current!

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January 21, 2011

Notary Public Virginia e-notary Rules

Notary Public Virginia e-notary rules
http://www.commonwealth.virginia.gov/Notary/eNotary-faq.cfm

The information in this blog entry is based on information derived from the Virginia Secretary of the Commonwealth’s Notary Division website on the page indicated above.

Here are a few quick notes about Virginia e-notary rules
(1) Signers must personally appear before a Virginia e-notary to get an e-notarization.
(2) A separate registration or commission is necessary to be a Virginia e-notary, and the same exact name variation must be used on both commissions.
(3) There is no additional education required to become an e-notary in Virginia beyond the education required to become a conventional notary.  However, you are advised to be an expert on the Virginia notary handbook and to educate yourself and be trained in the electronic process of notarization. 
(4) There is a quick application form to become an e-notary in Virginia, and the form is on the Secretary of State’s website — use the link above.
(5) A Virginia electronic notary commission expires when your regular notary commission expires.
(6) The state of Virginia can produce electonic evidence that an e-notarization is authentic with a certificate of authority. Please see the official wording of this certificate near the bottom of this entry. There is a fee for this certificate as with any other authentication.
(6) The Virginia Notary Division (c/o Secretary of the Commonwealth) gives some of the most comprehensive information about being an e-notary of any of the states.  Once the e-seal is affixed to the electronic document, the document is rendered tamper evident as unauthorized attempts to alter a document will be evident and obvious to involved parties.  This statement is very interesting. Many of us fear the e-notarization process as we fear it might be less secure as we don’t understand it or feel accustomed to it. But, in reality, paper documents are easy to tamper with, while secure e-documents might not be so easy to tamper with.
 
The Virginia e-notarization process: step by step
(1) The signer signs their electronic signature on an electronic document, and then signs the notary’s e-journal. 
(2) The notary affixes their electonic seal and signature to the electronic document after it has been signed.  

Note: An e-signature might start with you logging in with a password, and then clicking a submit or accept button.  (Digital signature pads are also sometimes used – but weren’t mentioned in the information on the page we linked to above)
 
The future requirement of personal appearance
Personal appearance is currently required for e-notarizations, but the state says, “At present, yes” to this requirements and says, “not yet” for taking acknowledgments via audio/video conferencing which implies that one day personal appearance might not be required.
 
Certificate of Authority for an Electronic Notarial Act
I, __________________ (name and title), certify that _________________(name of electronic notary), the person named as Electronic Notary Public in the attached or associated electronic document, was commissioned as an Electronic Notary for the Commonwealth of Virginia and authorized to act as such at the time of the document’s electronic notarization.
 
To verify this Certificate of Authority for an Electronic Notarial Act, I have included herewith my electronic signature this ______ day of ___________, 2011
 
(Electronic signature and seal of commissioning official)

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January 20, 2011

Hospital Signings

“Many notaries say they do not do hospital signings because they are depressing,” admits a Virginia notary. “However, these notarizations do provide an opportunity to give hope to people who may not be around much longer, and allow the notaries to see a side of life that makes them grateful for whatever they have.” “It’s always worth doing something for someone in pain,” adds one Tennessee notary who did the following notarization.

“It was for a diabetic who had had some kind of complications. She asked me to come to the hospital. She was on a gurney, but she needed cash out from her home, a refinance, and she was desperate,” recalls this accommodating Tennessee notary. “Every time her blood sugar dipped, we had to stop.” It is hard to imagine that nurses and doctors would allow a signing to take place under such conditions… but, I guess when people need money, they allow for all sorts of things. The woman got her money out of her home so she could pay her medical bills. “I wonder if she got to do anything else with some of that refinance money,” our Tennessee notary asks. “She was a fun person, but I guess all that sugar caught up with her. I try to avoid hospital signings, but will do them if people can’t find anyone else,” she says.

One Maryland notary signed a veterinarian at an animal hospital. The refinance took place right on the operating table after the young doctor had finished operating on a cocker spaniel who had a cyst. Operations on dogs cost anywhere from $1000 on up, so this knowledgeable young vet was able to purchase a new home in an area of Maryland from which lots of dog lovers commute to D.C. This particular dog belonged to a retired army colonel, and was his pride and joy. “It was the only ‘hospital signing’ where I wasn’t working for the patient,” our Maryland notary recalls.

A more dismal hospital visit was made by a mature male Virginia notary who was shaken by what he saw. “It was in the middle of a hurricane, well, during one part of a hurricane. Getting there was awful. But I was asked to go notarize a will. Well, this guy was in the hospital bed…and I realized he had been amputated from the navel down. But it gets worse,” says our Virginia notary. It seems they “had amputated one leg–but it was the wrong leg…so they ended up amputating both legs.” The notary pauses as if he is sighing. He asks me not to include the name of the hospital, and adds,”You have trouble sleeping after seeing something like this. This man didn’t know how long he would live, and he had pretty much lost his faith in doctors, the military, and everyone else but me. This put a lot of weight on me, and I tried to be as kind as possible and not show how truly upset I was. That man never recovered, but I have never recovered from seeing him and hearing his story,” says our Virginia notary.

A slightly more upbeat hospital signing was for a ‘cash out,’ a refinance, and the notary was asked to come to the hospital. “I ended up signing this woman on the commode,” says our undaunted Maryland notary. “Sometimes,” she points out, “you just have to go the extra mile… even if it just means sitting still.”

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November 27, 2010

9/11 California Notary Law Changes

California Notary Law Changes 
Notary law has changed tremendously in the last few years across the nation, but the single most important event that shaped notary law was 9/11.  It took several years for the various state notary divisions to react and change their notary laws after this catastrophe, but they surely did.  Several of the terrorists were easily able to get fraudulent social security cards and drivers licenses.  The hijackers paid $100 to an illegal immigrant who had also fraudulently gotten his Virginia driver’s license — to execute the residency affidavit for the 9/11 hijackers before a Virginia notary public.  This notarized document from Virginia was sufficient proof to get a Virginia driver’s license which they needed to get on the airplanes.  The Virginia notary public involved in this transaction was prosecuted by homeland security.
 
After that incident, it was found that tens of thousands of fake Virginia identification cards and driver’s licenses were circulating, and Virginia made law changes as a reaction.  Notarized documents were no longer sufficient proof to get a driver’s license.  Virginia was not the only state to react to this catastrophe.  The California notary division, and many others reacted too.  Law changes started happeneing slowly, generally in 2005 and 2006.
 
Some of the main changes to California notary law were that personal knowledge of a signer was no longer grounds for personal knowledge.  California notaries also are responsible to make sure the document being notarized is not fraudulent.  Jurats now require being positively identified in California and almost every other state in the nation.  There are other laws that changed, but now governments are being careful about identification and preventing fraud.
 
In my personal opinion, California should never had had liberal identification standards to begin with.  The governments reaction to 9/11 is like frantically putting on your seat belt right after an accident.  The time to wear your seat belt is BEFORE an accident, which means all the time.  Additionally, the credible witness procedure in California and many other states is just as ludicrous as the personal knowledge form of identification.  If you personally know someone, how well does it mean that you know them?  There has never been a definitive standard other than that you knew them from a chain of events and people in various contexts which has several lines of text in legalese which nobody can make much sense of.   Credible witnesses do not usually know a signer well enough to identify them before a public official.  They know a signer as “Joe” their neighbor, and job could tell them his last name was Wagner, and the CW’s would swear to that before the notary when they don’t even know.  California is still careless with its notary laws in many ways.

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