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A M E R I C A N A S S O C I AT I O N O F N O TA R I E S
www.usnotaries.com
1-800-721-2663
NotaryDigest
17 Years as a
Notary Signing Agent
L
CE
E B R AT I N
G
YEARS
By Pamela Montez, Contributing Writer
Many things have changed about signing agent for two hours, and drove for an hour back home. I
work since I started my career. One thing I’ve learned spent four hours of my time and drove 130 miles for a
is that adapting to new requirements and procedures is whopping fifty bucks! I admit that at the time I didn’t
realize that the fee I had accepted for the assignment
part of this business.
I became a notary in 1995 while working at a new job was ridiculously low and a money-loser, but that day I
as the office manager of a construction company whose was sure proud of myself!
More calls came in and I learned quickly how far I
primary focus was commercial construction. One of my
duties was notarizing sworn statements and lien would drive. I decided I’d drive one hour away and
waivers. About that time, an ad in a magazine about cover the four counties around me. It didn’t take long to
being a notary closing agent caught my eye. I ran the figure out that if I made an error, I had to go back and
idea by my boss, who was the business owner, and the correct it on my time and my dime and a one-hour drive
company’s attorney. As luck would have it, the attorney time was probably too far.
I didn’t have anyone to talk to about the business end
also owned a title company.
of my new venture until I found other
Except for my own mortgage, I was
notaries to network and have business
clueless about mortgage and lending
discussions with on Yahoo groups, which
documents. All I knew was that I was in
probably doesn’t even exist anymore, but it
debt and paying monthly for my house. I
was about all that was available at the
asked the attorney if he would mind giving
time for notaries to virtually meet and
me a little advice on the subject. He agreed
swap experiences. That’s when I started
and was gracious about it, but the first
really learning about the business.
thing he told me was that he was a notary
After running my business part time
and had never made a dime from having a
quite happily for a few years, performing
notary commission. He also told me that he Pamela Montez
signings after work and on weekends, I had
had never heard of a “closing agent” and wasn’t even to make a big decision in 2004. My boss announced he
sure if the business I was talking about going into was a was going to retire and sell the construction company.
legitimate opportunity. However, he sat down with me He asked me if I would want to stay on with the new
one day for three hours and went over everything he owner. I told him that I knew I wanted to do closings full
thought I needed to know to perform closings.
time, but I was too afraid to step out on my own. This
A few years later, I ran across a list of companies that wise and successful man told me “If I had listened to people
hired notaries to do closings. I designed an introduction 30 years ago, I would have never had my own company.”
letter, made 300 copies of it, and snail-mailed letters
That was it -- I figured if he could start a construction
every night after work. After about three or four weeks, company out of his garage, I could run a business from
I was called by a company called E-Title Agency to take a my home. When I told him I wanted to fly solo and
closing an hour south of me. Yay! Exciting! My very first go into my own business full-time, he told me I could
take off any time I wanted to and start building up my
closing!
The loan documents were sent via FedEx to my business. All he asked of me is that I be there to do
house. I drove an hour to the buyer’s house, was there payroll and to prepare his contracts.
Continued on Page 2
IN
B U SIN ESS
Notary
ChallengePage 3
Beware of
Misinformation
Page 4
Certificate
Missing?
Page 5
The “3-C Plan”
for Effective
Social Media
Marketing
Page 6
The Impact of
Notary Errors
on Acknowledgments
Page 7
Notary Law
Update Page 8
www.usnotaries.com
800-721-2663
FOURTH QUARTER 2015
VOLUME 12, ISSUE 4
17 Years as a Notary Signing Agent, Continued from Page1
And that’s how I got started in my business full-time. It was the middle of
the re-fi boom and I was busy right away. There were some nights I would
work all day and arrive at the construction company as late as 11 p.m. to get
the payroll done or do the work I used to do during the work day. I got very
little sleep in those days.
I mailed out marketing materials and sent faxes around the clock to companies. I used every resource available to make contacts with companies who
would hire me. It finally paid off one day. I received a call from a company
that wanted to know if I would be its primary signing agent covering the four
counties I decided I would base my business in. What a great boost that was!
Because I live in a rural area, what I could do in a day was a bit limited;
six closings in one day was about all I could handle. It would take me 11 to
14 hours to get them all in, but I did whatever it took to get the job done.
Of course, everything wasn’t perfect. I wasn’t perfect and I made the
occasional judgment error.
One of my biggest goofs was accepting a closing (for a lot more money
than usual) in a county that I don’t cover because of its distance from my
home base. I had three sets of documents printed out for the morning’s
work; they were in their respective pre-labeled shipping envelopes, which is
my habit to keep my work organized.
I arrived at the closing (about 120 miles from my home) and realized I
had the wrong set of documents! I had grabbed documents for the next
morning’s appointments! The borrowers were very understanding and said
I could just come back the next day. I explained to them that the documents
were date sensitive and these had to be signed that day. I went back and got
the right documents and we finished just before midnight.
I’ve also had embarrassing situations happen during appointments. When
I look back now at some of those moments, they are pretty funny, but they
weren’t at the time.
At the beginning of one appointment, I walked into a beautiful home with
white carpet and a plant stand by the front door that held four plants. As I
entered, my purse caught the plant stand and all four plants turned over and
spilled soil onto the white carpet. I was horrified! The lady of the house
assured me it wasn’t a big deal and her husband laughed and told me that I
wasn’t the first person to do that, but, as you can imagine, it was a terrible
moment in my notary signing agent career.
On another occasion, I was leaving an appointment late in the evening on
a Michigan winter night. When I turned around on the front porch steps to
say my last good bye, I slipped and fell head first down the steps. Of course,
the borrowers rushed to help me back on my feet. Once I was finally upright,
I gathered my possessions, which were scattered in the snow, and limped
slowly to my truck oozing with humiliation. I also thought I had injured my
knee drastically and I cried all the way home. (Fortunately, nothing was
seriously hurt except my pride.)
I’ve conducted loan signings out in fields on combines on the hottest of
afternoons. I’ve notarized loan documents in barns, on the hood of my truck,
in stuffed houses where hoarders lived, and even at my own dining room
table at three o’clock in the morning for a borrower who worked crazy shifts.
I’ll travel pretty much anywhere there’s a borrower who needs for me to
show up and notarize loan documents.
To me, this is just a big amazing adventure. There have been wonderful
borrowers along the way who have offered me coffee, tea, wine, and dinner,
none of which I accept — I, like all savvy notary signing agents, strongly
discourage borrowers from having anything liquid on the signing table with
loan papers.
I have been offered and accepted a few insanely high fees. One morning,
a call came in and I was offered $1,000 if I would drive two hours to the
lender’s office, pick up a set of loan documents, and drive another hour to
get them signed and notarized before midnight. Did I drive to their office? You
betcha!
I’ve worked with amazing companies and some not-so-great companies.
Signing agents have to go through their own processes of trial and error to
find the good ones and to weed out the bad and ugly ones. Experience has
taught me never to accept an assignment from a company that can’t seem to
get my check out without me begging. Once is enough; it won’t happen
again!
Having worked as a signing agent for this many years, I know for a fact
that most who hire us from lenders, title companies, and signing services
don’t have a clue about notary laws. It’s up to us to take care of our own
notary commissions and to operate within our states’ laws.
If you have been doing this for any length of time like I have, you know
that since 1999 the loan signing business has changed drastically. I can’t even
remember the last time a set of documents arrived at my doorstep; everything is now “eDocs” and we print them on our own printers. We have to
negotiate harder than ever to get fees that are profitable and the costs of
doing business have risen. Many things about the signing agent business
have changed. I haven’t liked all of them, but it’s the way it is. I’ve adapted
as necessary and I am so glad I’m still a part of the business!
(If you have questions for Pamela, please send an email to
[email protected] with her name in the subject line.)
A Touch of Elegance:
Embossed Gold Foil Seals
Nothing distinguishes a special document like the inclusion of a gold
foil seal crimped with a notary’s embossed seal, but you must be sure to
use the embosser and foil seal correctly. You must also be certain that your
states’ laws do not prohibit the use of an embosser or a decorative foil seal
on documents. To date, the AAN is not aware of any state that disallows
foil seals. Embossers aren’t allowed in some states.
Many notaries own embossers in addition to their notary stamps in
states where embossers are allowed. Some states allow notaries to use
embossers as an official notary seal or authorize their use when combined
with an inked notary seal impression.
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Here are the steps for the proper use of a foil seal and embosser:
1. Peform the notarial act and apply your stamp/seal to the document as
usual.
2. Apply the foil seal on your notary certificate in a spot where it will not
cover any part of your notary seal impression, text, or your signature.
3. If you wish, you may emboss the seal with a notary seal embosser IF
your state’s laws do not disallow the use of an embosser.
Don’t apply the foil seal and stamp your inking notary seal on top of it.
Your official notary seal must be legibly reproduced if copied or scanned.
AMERICAN ASSOCIATION OF NOTARIES
Notary Challenge (What do you really know?)
You know how to perform the steps to a perfect notarization, but are you familiar with some of the less obvious laws and rules that are involved
in being a notary public for your state? This challenge has two purposes; one is to encourage notaries to drill into their laws to see what they really
say. Read them and commit their meanings to memory. The more you know, the less chance of you being persuaded or bullied into performing an
act that’s illegal or invalid.
The other purpose of the challenge is to help notaries know how not to be victims of notary lore and misinformation that’s so prevalent on the
Internet.
All of these challenge questions won’t apply to every reader. For instance, many states’ laws don’t require that notaries use journals or record
books to record their notarial acts. Simply skip questions that don’t apply to you.
Journals
• What must you do with your journal if you do not reapply to become a notary at the end of your term, move out of your state,
or no longer wish to be a notary? Arizona’s and Colorado’s laws require that a notary submit his or her journals to the secretary of state in
all of these cases. In Texas, a notary would tender his or her journal to the country clerk in the notary’s home county.
• How long must you keep your notary journal(s)? Some states require that a notary never destroy a journal; others say that a journal
must be kept for a certain time frame. Do you know what your laws say?
• By law, what items must be entered in your journal? There are many points of information that a notary may find helpful to record in
a journal; however, do you know the exact elements you are required to record according to your state’s laws? Are you aware of any items
that must not be recorded? For instance, in Texas, notaries are not allowed to collect thumbprints or to include private information like a
signer’s passport or driver license number. Have you investigated to find out exactly what is required of you?
Notary Seals
• If your commission expires and you do not reapply or if you resign from being a notary, does your state require you to do
anything with your seal under these circumstances? Some states have laws about this while other states’ laws are silent. It is important
to know if your state wants your seal destroyed by you or if you must send your seal in to the state.
• Can you describe the requirements for a notary seal (shape, required elements, etc.) for your state? Companies (like the AAN)
should be aware of what your notary seal must look like, but it is also important for you to know. Does your state require that your notary
stamp include a border around the outside of it? What type of border does the law specify (e.g., serrated, straight line, or milled)? When you
receive a new seal, check that it complies with your state’s law, make sure your name is the one you have been commissioned with, that the
date your commission expires is stated correctly, and check its entire appearance to assure it is compliant with your state’s notarial laws.
Identifying Signers
• Under what circumstances (if any) may you use a credible witness or witnesses to identify a signer? Some states don’t detail the
circumstances in which a credible witness may be used, whereas other states’ laws are specific.
• Are foreign passports allowed as a method to identify a signer? Some states allow this, others allow it under certain circumstances, and
some don’t address it.
• What do your state’s laws actually say about a signer’s ID not matching exactly the name stated on the document(s) to be signed
by the signer? It’s likely that your laws do not address this, but state (if anything) that the signer must present satisfactory evidence. Be clear
on what your laws DO say regarding identifying signers and don’t assume that something you read or heard is accurate.
Fees
• Suppose you have two signers executing a document, but only one certificate is attached that lists both signers’ names. How
much can you charge for the notarial act? Do you charge the fee based on how many certificates there are to complete or is your fee based
on the number of signers? This is an issue that frequently confuses notaries. They often assume they may charge based on the number of
signers, but their laws actually focus on the notarial certificates they complete. Be clear on what you can charge.
• Are you required to issue a receipt for your notarial services? As a best practice, notaries should issue itemized receipts to their
clients, especially when performing as a mobile notary. The receipt should itemize the fees charged for the notarial acts
performed, as well as other charges such as mileage. This practice is a requirement in some states, yet it’s an easy thing to overlook in
the law. What do your state’s laws say that you must do?
Notarial Certificates
• Are you allowed to correct a notarial error on a certificate after you have completed the notarial act and the client has left the
appointment? Suppose a client returns to you the next day because you didn’t sign the certificate. How do you proceed? It seems
like the right answer for all states would be that a new notarial act must be performed with a new date, etc. Some states’ laws are clear that
a new act must be performed, but it’s not always the case. For example, Colorado’s Secretary of State has a different view. From our
Continued on Page 4
FOURTH QUARTER 2015
3
Notary Challenge, Continued from Page3
state-approved Colorado Online Training Course: “Notaries may correct notarial certificates after the fact. The Secretary of State’s office advises that the notary
may strike out the incorrect information (preferably with contrasting ink) and initial and date the change. If a correction must be done, it should be added as a new
journal entry (if signing again) or simply edit the journal accordingly. The notary should initial and date the change in the journal. Furthermore, it is up to the client,
the document drafter, the receiving party, or legal counsel to determine if a correction is acceptable, or if the document must be redrafted.” Dig in and find out what
your laws or handbook says about this topic.
• If you attach a loose certificate to a document, is there a rule or law that states you must put pertinent facts on the loose certificate
to identify the document it’s attached to? Many states’ laws are silent on this, but some notaries, by best practice, note on the certificate the
document’s title and the number of pages it contains, as well a few other facts. However, Arizona laws are specific: “If a notary attaches a notarial
certificate to a document using a separate sheet of paper, the attachment must contain a description of the document that includes at a minimum
the title or type of document, the document date, the number of pages of the document and any additional signers other than those named in the
notarial certificate." Does your state have specific requirements?
After you look up the answers to these questions, let us know if you learned something you didn’t know or hadn’t thought of before. Write us at
[email protected] or post a message on Facebook.
Beware of Misinformation
from Online Notary “Experts”
During the notary dark ages (before 1995 and the arrival of online
notary communities), it was seldom that a notary in one state talked
to a notary in another state. Today, notaries from across the U.S. interact
several times a day in online communities and on social media enjoying
peer discussions about notary topics. For the most part, that’s one of
the greatest things about the Internet — it allows notaries to meet
like-minded colleagues from across the nation. However, we’ve been
reminded recently that a common pitfall for a new notary is reading
what other notaries say about their states’ requirements and not
realizing those requirements or duties don’t exist in his or her state.
New notaries are also exposed to incorrect information by
misinformed notary “experts” they meet in online communities.
Keep in mind that notaries who appear to be authorities may be
operating under a false assumption that they “know” something to be
true, when the truth is they are passing on wrong information they
picked up in forum discussions years earlier when they were just
getting started!
That super helpful person in your LinkedIn group could be a
terrible source of information — in a few cases, notaries have learned
that the “authorities” who has been mentoring them don’t even hold
a notary commission!
This isn’t to say that there aren’t many great notaries to learn
from. However, it’s always best to find answers by going straight to a
credible course.
Protect yourself and your commission. Don’t rely on statements
and opinions of other notaries to gain knowledge about your notary
duties. Go to viable sources for information: your state’s notary laws
and handbook. Read them for yourself. If you don’t understand
something or if your laws don’t address a question, contact your
state’s notary public administrator, the AAN hotline, or even an
attorney for guidance.
The Pocket Stamp is Still Big Enough!
By Brenda Stone
When HB 1683 was passed by the Texas Legislature, it added the
requirement of a notary ID number to the elements of the Texas notary
seal. I was selfishly concerned that I would have to give up my favorite
stamp, but the good news is that I didn’t have to! Texas notaries
can still use the Slim Pocket Stamp, the smallest stamp on the AAN’s
website and enjoy the convenience of its little footprint and portable
case.
I can place my pocket stamp on documents with precision and never
worry about covering document text or applying it upside down.
Through my last two notary commission terms, I have used the Slim
Pocket Stamp almost exclusively because it delivers a small but sharp
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seal impression that measures only 9/16" x 2-1/8" and the case is
compact, as well, measuring about 2 ½” x 2 ½” x 9/16.” It’s great for
carrying in a pocket or purse.
I became a fan of the Slim Pocket Stamp when I worked full time as
a signing agent. One of my regular lender clients had documents that
were covered from margin to margin with fine print that left very little
space on which to apply my notary stamp and there was definitely not
enough room to put a second impression if I didn’t apply the first seal
correctly.
Please note that the Slim Pocket Stamp is also sold on the AAN’s
website in states with laws that do not restrict its size.
AMERICAN ASSOCIATION OF NOTARIES
Certificate missing?
There’s a stamp for that!
By Brenda Stone, Contributing Writer
Notarial certificate stamps are large self-inking stamps (1 ½” x 3”) that
reproduce a full notarial certificate on a document with a flick of the wrist.
Notaries who notarize multiple documents each day for the public learn
quickly that many clients produce documents without notarial certificates.
Most of the time, a loose certificate works just fine, but stamping the
certificate wording directly onto the document may be a better strategy in
some cases.
Recently, a new member “Ken” contacted the AAN because two of his
recent clients, a married couple, became unduly frustrated with him and
left him wondering if he had performed his duties properly. Ken sent a
message through the Member Center detailing his experience and ending
with “Did I do the right thing? What should I have done differently?”
Ken did everything correctly — all that he could have done differently
was to use a certificate stamp. His story will illustrate why certificate
wording stamps are favored by notaries who work regularly with different
types of customers.
Ken’s Story – Certified Copy Problems
A married couple sought Ken’s services to produce certified copies of
their U.S. passports. The copies, said the clients, would be submitted to the
secretary of state’s office with a request for an apostille for each of them.
Ken created the passport copies and attached a certificate entitled
Certified Copy of a Non-Recordable Document to both. Ken made his journal
entries using the passports as ID. He completed the notarial acts and handed
the finished copies to the clients.
They were dismayed to see that Ken’s notary seal wasn’t applied on the
same page as the passport copy. To Ken’s surprise, his clients demanded
rudely that he apply his signature and another seal directly beside the
images of the passports saying that the recipient in the other country
expected the seal to be on the same page as the passport and wouldn’t
accept it like Ken had prepared it.
Ken called the AAN’s hotline to verify he could not stamp and sign the
copies, he could sign and seal only the certificate attached to the copies.
The answer was that Ken was correct; his notarial stamp should be applied
only to his certificate. Ken explained the rules to the clients, but they left
in a huff.
It bothered him so much that he contacted us again to find out how to
avoid this problem in the future.
Solution for Ken
If Ken had been able to use a certificate stamp, he could have performed
a valid notarial act while also satisfying his clients’ wishes -- Ken’s signature
and stamp would have been on the same page as their copies.
Ken, the AAN appreciates calls and messages from our members. Thank
you! If you are having a problem, there are likely 500 other notaries who
have had the same problem recently and another 500 who will face it in
the next week.
Document Drafted by Client
This scenario describes another common situation our members have
experienced.
Suppose that a client calls and asks a mobile notary to meet him at a
local McDonald’s to notarize a one-page document. When the two meet,
THIRD QUARTER 2015
she learns he divorced recently and has custody of his young daughter.
The dad hands over cash for her notary fee along with the document that
he typed himself.
Watching his daughter on the slide while talking to the notary, he
explains that the document gives permission to his ex-wife to take their
minor child on a trip to Mexico. The notary looks it over and realizes
there’s no notarial certificate. She mentions a certificate will be necessary,
but it isn’t a problem because she’s got plenty in her briefcase and they will
be done in no time.
They get the ID task out of the way and the notary shows the client
samples of a jurat and an acknowledgement and he picks one. The notary
attaches the loose certificate to the back of his document, the client signs,
she performs the verbal ceremony, and completes the notarial act, applying
her seal and signature to the certificate.
Up until this point, the dad had been keeping his eyes primarily on his
daughter in the play area. When he looks at the notarized document, he
becomes upset because the notary’s seal won’t be on the page with his
statement and signature.
He points to the dates the child is allowed to be out of the country with
her mother and tells the notary that the mother has pressured him for a
month to allow their daughter to be with her for a week longer than he
has written in his statement.
Indicating the space by his signature, he asks, “Can’t you just stamp it
right here?”
While the notary is trying to figure out a solution, her client tells her
that he’s distrustful of his ex-wife and certain she’ll type another document
that will extend the period the child is allowed to be in Mexico. She’s
forged his signature many other times, so she wouldn’t hesitate to forge
his signature and attach the notary certificate to the fraudulent document.
The notary patiently explains that she can only stamp her seal on a
notarial certificate. Before she can say another word about how they might
fix the situation, the client says he will find another notary. He snatches
up the document and stalks off toward the area where his child is playing.
The notary makes a note in her journal about the outcome and leaves the
restaurant.
There would have been no problem if the notary in this scenario could
have reached into her briefcase to grab a certificate wording stamp!
Word of Caution About Certificate Stamps
The text on a certificate stamp’s impression appears as an 8 pt. (or slightly
smaller) font. While the text is very sharp and dark, there are some
recording offices that won’t accept text on a document that’s smaller
than 10 pt. According to the Property Records Industry Association
“Thirteen states specify a minimum font size, which varies from 8 to 10 points.
A few jurisdictions look to a minimum number of characters per inch.” Therefore,
caution should be used when using the certificate stamps on recordable
documents like deeds, mortgages, deeds of trust, and other legal documents
that will be presented for filing or recording in a county or district clerk’s
office. In addition, the stamps are sold on the AAN’s website in five ink
colors, but the stamp’s ink should be black for formal documents (especially
those that will be recorded or filed). To see a selection of certificate stamps,
go to our website, select your state, look to the left, and choose “Notary
Stamps.”
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The “3-C Plan” for
Effective Social Media
Marketing
By Enna A. Bachelor, Contributing Writer
One of the standard messages I use to market
my notary services is: “You don’t need a notary
every day, but when you do, I want you to
think of me!” I believe that a primary marketing
goal for notaries should be to stay fresh on the
minds of their targeted audiences. You want
your name to be the first one considered when notary services are
required. Notaries provide a unique and important service to the
public; unfortunately, it’s not one that is needed by customers on a
regular basis. It’s important for us to stay connected with the
right audience and using the “3-C Plan” for social media marketing
that’s described below will help you do exactly that.
THE FIRST C:
Compelling Content
There’s a saying that’s been around forever: “It’s not what
you say, it’s how you say it.” This rings true for marketing, too.
The content we use must grab attention, create interest, and be
informational. Connect with your audience by including a memorable message with your social media posts. For instance, this
advertisement is more compelling than the more generic one
below it.
Notary services in Metro Atlanta
are a phone call away!
I come to you!
James Johnson – Notary Public
Call/Text 888.888.8888
----Mobile Notary
James Johnson
888.888.8888
The first ad has personality. It’s personal and expresses interest in
delivering a service to the reader.
THE SECOND C:
Consistency
Establishing and maintaining a consistent presence on social
media is key. This powerful platform engages billions of readers.
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Regular posting about the services you provide helps keep you on
the minds of potential clients. I can’t tell you how many times I’ve
had clients tell me, “I needed a notary and I remembered seeing
your post on Facebook.”
You probably wonder how often you should post without
alienating potential clients. Countless studies have gone into what
is considered the optimal posting frequency across social networks.
Kevan Lee, a blogger who specializes in social media marketing
techniques, suggests on Buffer Social the following posting
frequencies:
• Facebook: 10 posts per week
• Twitter: 3-14 times per day
• LinkedIn: 1 time per day (no weekends)
• Google+: 2 times per day (no weekend)
Kevan’s favorite posting times for Facebook are 10:08 a.m. and
3:04 p.m. He believes that 8:14 a.m. is where you’ll find the sweet
spot on LinkedIn, while the optimal times for posting on Google+
are 9:03 a.m. and 7:04 p.m.
During the week, his company posts on Twitter about 14 times
between midnight to 10:00 p.m based on studies that have shown
that big engagement begins at the third tweet mark. Twitter users
should never post more than once per hour.
On weekends, he tweets seven times per day between 3:00 a.m.
and 9:00 p.m., usually about every three hours.
Keep in mind that these numbers are estimates and your targeted
audience is unique. Analyze your posting frequency habits and see
how you can tweak them to maximize your exposure and increase
interest from your client base. It’s important to note that there is a
point at which we can over saturate our social media feeds and
people begin to disengage. Find your rhythm and be consistent
across various platforms.
THE THIRD C:
Creative Communication
Think of every person who reads your post as a potential client
or, if not a client, a person who will be asked about the type of
service you provide. You want your posts to be memorable, which
means that creativity is a must. Think out of the box and develop
content that is fresh and edgy. Find a graphic that communicates
your message in such a way that you can get your message across
Continued on Page 7
AMERICAN ASSOCIATION OF NOTARIES
Effective Social Media Marketing , Continued from Page6
with just a few words. It may seem simple, but people will remember
your message when you make them laugh.
Most people are highly visual. The use of graphics, photos, or
video will draw readers to your content.
You can also be creative by developing marketing content that
leverages what’s going on in your area. Is there a big sporting event,
holiday, etc. that your area celebrates in a major way? Think about
how you can coordinate your content with those themes.
This isn’t an exact science, but practicing the 3-C Plan will
step up your marketing game and ensure that you maintain a
presence across social media platforms. For best success, implement
a plan, tweak it, and repeat. If you have questions or comments
on this article, I’d love to hear from you. Please email
[email protected] and put “Enna” in the subject line.
Until next time, wishing all my fellow notaries marketing
success!
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entertaining and informative articles like the samples listed below.
Did you know that AAN members can access thousands of helpful publications through our Member Center?
An AAN membership ($19/yr) provides access to a huge library, plus deep discounts on supplies, and priority access to experts
through the Member Center who are on standby to answer your notary questions.
Eight Tough ID Questions Relating to Notary Signing Agent Work
Notary signing agents feel tremendous pressure to identify signers in loan transactions accurately, and rightly so! The
documents they notarize relate to large sums of money; large financial transactions create greater responsibility.
American Notary History, Tales, and Trivia
We sifted through stacks of virtual history books hunting for stories that would illustrate what our notary ancestors’ lives
were like a hundred years ago and we were able to dig up a few rare facts and tales about early American notaries public.
Notaries: Avoid Employers’ Requests for Unauthorized Notarial Acts
Businesses that employ notaries public or provide notarial services as complimentary offerings to customers may not have
established notarization policies that are in harmony with their employees’ notarial laws. Frequently, bosses request that
notaries perform types of acts that do not fall within the boundaries of the notary employees’ authorized duties. Some of the
unauthorized tasks notaries are expected to perform sound very plausible.
Notarizations in Eldercare Facilities
An AAN member, whom we shall call Jane, contacted the AAN office to report a problem. Jane is an employee at an
eldercare facility and she notarized a document for a patient of the facility. The document was an important one that
transferred some of the signer’s assets. Jane recently learned that the notarization has been called into question.
JOIN US! You’ll be glad you did!
FOURTH QUARTER 2015
7
The Impact of Notary Errors
on Acknowledgments
By Brenda Stone
Errors on acknowledgments can produce a
mountain of trouble for all parties involved in a
transaction. Perform a search on Google for
“defective acknowledgments” and you’ll find
countless cases in which imperfect notarial
certificates are challenged in lengthy court battles
that continue for years and aren’t decided conclusively until they reach appellate courts.
While many cases based on defective acknowledgments ultimately
result in a determination that the flawed certificate in question didn’t
cause harm, it takes years and enormous legal bills to get to that point.
However, a sizeable number of cases with flawed certificates involved are
found to be fatally defective to their underlying documents. Below are two
of the most concerning cases that have been decided in the past few years.
In Massachusetts, an acknowledgment that doesn’t contain correct
language can invalidate a lender’s secured lien. The Bankruptcy Appellate
Panel for the First Circuit Court decided in Weiss v. Wells Fargo Bank, N.A.
(2013), that the notary’s certificate was fatally defective because it didn’t
use the appropriate language required when notarizing a document signed
by an attorney-in-fact.
In New York, an acknowledgment that doesn’t recite that the notary
either personally knows the signer or the notary has ascertained the
identity of the signer will invalidate the underlying document. In 2013,
the New York Court of Appeals decided in Galetta v. Galetta, 2013 NY that
a prenuptial agreement was invalid because of an improper notary certificate. In this case, the husband filed for divorce and the wife wanted to
invalidate their prenuptial agreement. Apparently, her lawyer found a
weakness in the improper language of the notary certificate and the final
decision by the high court was to rule in favor of the wife. Experts contend
that this decision’s ramifications may extend to almost any document that
the law requires to be acknowledged by a notary, especially in real estate.
Be certain that you identify your signer and complete your notarial
certificate so that the notarial act is above reproach. The following points
are reflective of the research performed for the preparation of this article.
They are good reminders for ensuring your notarial acts are faultless.
• Acknowledgments – In this type of act, the signer may sign the
document before appearing before a notary. The date on your
certificate is the date the signer appears before you.
• Jurats – In this type of act, the signer must sign the document in the
presence of the notary.
• Venue statement – Ensure that the venue statement is included and
that it is accurate. If it isn’t, correct it.
• Certificate language – If the certificate language isn’t substantially
like your state requires, you must modify it to conform or attach a
corresponding loose certificate.
• Corrections to certificate – Draw a line through the text you must
correct, write the correct information, and initial the changes.
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• Name of signer – The signer’s name must be included on the
certificate and should be printed neatly.
• Representative capacity of signer – If the signer is signing with
authority of a power of attorney or as a representative of an entity,
complete the notarial certificate to indicate those facts. (If the document
is destined for another state, and your state doesn’t allow this type of
certificate, explain this to the signer and suggest he or she contact
an attorney for advice on how to proceed. Some states require that
representative capacity be indicated in the notarial certificate along
with the signer’s title, company, and where the company was incorporated in order for the certificate to be properly acknowledged.)
• Date – Insert the date of the notarial act on the notarial certificate.
• Notary signature – Sign with the signature on file with your state.
• Notary name – Print your commissioned name under your signature
line.
• Commission expiration date – Include your commission expiration
date under your signature.
• Stamp/Seal – Apply your seal so that it is clear and legible and can
be reproduced when scanned or copied.
• Deliver the correct verbal ceremony (no exceptions) – Ask the
signer if he or she has read the document and is aware of its purpose.
You must administer an oath/affirmation if the certificate is a jurat. If
the certificate is an acknowledgment, you must ask the signer to
acknowledge that he or she signed the document for genuine purposes
(or other language required by your state). Court cases have determined
that if the signer represents another person (i.e., power of attorney)
or an entity, a notary should ask the signer to state that he or she has
the authority to sign the document on behalf of that person or entity.
• Document the act in your notary record book precisely according to
your state’s laws including any significant observations you have, and
note that you completed the verbal part of the notarial act.
Sources:
- Attorney's Title Guaranty Fund, Inc. Underwriters' Bulletin
- Mortgage Notary Acknowledgments Continue to Present Problems for
Creditors in Bankruptcy Proceedings
- Newspaper of the Real Estate Bar Association, Weiss v. Wells Fargo,
Use Caution when acknowledging power of attorney documents.
- Flawed Notary Acknowledgment Is Lender’s Nightmare
- Beware! Incomplete Notary’s Certificate of Acknowledgement
Invalidates Agreement
AMERICAN ASSOCIATION OF NOTARIES
Notary Law Update
New Laws Passed and in Effect
■ ILLINOIS – House Bill 2797 – Notary Public e-Application
Provides that the Secretary of State may establish and maintain
an online application system that permits an Illinois resident to apply
for appointment and commission as a notary public. It amended
5 ILCS 312/2-102, 5 ILCS 312/2-104, and 625 ILCS 5/6-110.1 and
added 5 ILCS 312/2-102.5. We have been in touch with the Secretary
of State and there will be no immediate changes to the application
process. Development of the technology is underway.
■ MONTANA – Update to Administrative Rule 44-15-108
Remote Notarizations
In 2015, Montana updated its administrative rules to allow a
notary to perform a notarial act using audio/video real time technology. The type of technology isn’t defined except to say that it must
comply with in 1-5-615 and 1-5-628. The only methods accepted
for identifying signers in a remote notarization are (1) the notary
knows the signer personally or (2) the signer is identified by a credible
witness who knows the signer and either knows the notary or has
produced satisfactory evidence to establish identity. Important to
note is that the credible witness must be in the same room with the
notary when the act is performed. In addition, the signer in a remote
notarization must be a Montana resident. The document being
notarized must relate to a transaction involving Montana property or
personal property titled in the State of Montana (e.g., a car title).
The transaction may also be related to a document tied to the courts
of Montana or can be related to a proxy marriage defined by MCA
40-1-213 or MCA 40-1-301. Montana’s Notary Public Handbook
provides the best guidance for these new laws.
■ TEXAS – House Bill 1683 – Relating to Notary Public
Identification Number
Notary seals and stamps will change for the first time in many
years due to the passage of this bill that updated Section 406.008 of
the Texas Government Code. Texas notary laws were updated to
state that a notary public’s identifying number must be added to
notary seals for all commissions approved beginning January 1,
2016. However, the State Bar of Texas (REPTL Section) issued a
statement on October 22, 2015 that encouraged notaries to purchase
new stamps with identifying numbers on them as soon as possible,
even if they weren’t due to renew their commissions. Read their
concerns here.
■ TEXAS – Senate Bill 1726
– Electronic Notarization (relating to Texas Family Code)
This bill added Section 406.026 to the Texas Government Code
Chapter 406 which states “In a proceeding filed under Title 5, Family
Code, if a signature is required to be notarized, acknowledged,
verified, or made under oath, the requirement may be satisfied if the
electronic signature of the person authorized to perform that act,
FOURTH QUARTER 2015
together with all other information required to be included by
other applicable law, is attached to or logically associated with the
signature required to be notarized, acknowledged, verified, or made
under oath.”
■ TEXAS – House Bill 2573 – Deceptive Trade Practices
(includes Notaries Public)
The passing of this bill added to the Business and Commerce Code
Section 17.46 (b) the following language: “Except as provided in
Subsection (d) of this section, the term "false, misleading, or deceptive
acts or practices" includes, but is not limited to, the following acts:
(28) using the translation into a foreign language of a title or other
word, including ‘attorney,’ ‘lawyer,’ ‘licensed,’ ‘notary,’ and ‘notary
public,’ in any written material, including an advertisement, a business
card, a letterhead, or stationery, in reference to a person who is not
an attorney in order to imply that the person is authorized to practice
law.”
■ TEXAS – House Bill 2235 - Relating to Eligibility
Requirements of Notaries Public
This bill clarified Section 406.009 of the Texas Government Code
to state that the Secretary of State shall reject an application or
revoke a notary commission if it is discovered that the notary or
applicant isn’t eligible to hold a notary commission.
■ VIRGINIA – House Bill 1562 and Senate Bill 814
– Electronic Identity Management Act
These were companion bills that established the Electronic
Identity Management Act, an advisory council to establish its
standards, and includes term “identity proofer,” which is defined as
“a person or entity authorized to act as a representative of an identity
provider in the confirmation of a potential identity credential
holder's identification and identity attributes prior to issuing an
identity credential to a person.” The word “notary” is not included
in the act, but this act may affect notaries in that some believe a
notary who works for an identity proofer may be able serve as an
identity proofer. The other important point of interest for notaries to
watch is the standards for technology that will be established under
this act.
Proposed Legislation to Watch
■ MASSACHUSETTS – Senate Bill 757/2064
– Extensive Notary Law Revision
Introduced on November 18, 2015, this 22-page bill is currently
in the House Committee on Ways and Means; it would be the first
update to notary laws since 2004 and is entitled “An Act regulating
notaries public to protect consumers and the validity and effectiveness of recorded instruments.” SB 2064 (originally SB 757) should
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Notary Challenge , Continued from Page
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be reviewed by all Massachusetts notaries as it is quite lengthy and
specific; it will significantly update Massachusetts’s General Laws
Chapter 222 and, to date, has no opposition.
■ NEW JERSEY - Senate Bill 333/Assembly Bill 1184
– Extensive Notary Law Revision
SB 333 was introduced on January 12, 2016 and referred to the
Senate Judiciary Committee. If passed, this bill will revise statutes that
govern qualifications and duties of notaries public and other notarial
officers to include more specific rules and the right of the notary public
administrator to revoke or deny commissions. It also includes the
requirement of training, requires that notary journals be kept, and will
allow New Jersey notaries to perform electronic notarial acts.
■ NEW YORK – Assembly Bill 6703 – Electronic Notarization
This bill was referred to the Governmental Operations Committee
on January 6, 2015. The bill would modify the laws governing notaries
public amending Section 136 by adding “3. For electronic notarial
services, except where another fee is specifically prescribed by statute,
a fee not in excess of those specified within this section.” If passed, it
will also add Section 137(a) Electronic notarization which will modify
the law to include electronic notarization that notably requires physical
appearance of signers: “Physical appearance requirement. (a) A notary
public shall not perform an electronic notarial act if the document
signer does not appear in person before the notary public at the time
of notarization. Under no circumstance shall a notary public base
identification merely upon familiarity with a signer's electronic
signature or an electronic verification process that authenticates the
signer’s electronic signature when the signer is not in the physical
presence of the notary public.”
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