Joel's California Mobile Notary Public Blog

Updated Jurat And Acknowledgment Wording

Joel Klutch (Joel Klutch, Northern California Mobile Notary Public) — Sat, 15 Mar 2008 21:27:16 -0500

You're probably aware that effective January 1, California made a couple of very significant modifications to its notarial wording. But many documents continue to use the earlier wording, so pay close attention when you notarize any document.

If a jurat or acknowledgment provides you with the option of identifying document signers as "personally known to me", don't use that method. No matter how well you may know them, you must properly identify the signers and indicate so.

And if an acknowledgment does not include a section beginning "I certify under penalty of perjury...", don't use it. The notarization is invalid without that wording.

You can download free copies of updated jurats and acknowledgments from my website at http://www.DriveNotary.com/forms.htm

Notarizing Wills

Joel Klutch (Joel Klutch, Northern California Mobile Notary Public) — Sat, 15 Mar 2008 20:52:02 -0500

There's a lot of confusion with regard to whether California notaries are permitted to notarize wills. Many notaries are under the impression that they are prohibited by law from doing so, that wills must be handled only by a lawyer. That's simply not true.

As a notary, you can notarize wills. Just make sure that you don't try to provide any legal advice to the client, and that two impartial witnesses also sign. And it would be appropriate for you to tell the client that notarizing the will does not necessarily validate it. If the will is not prepared properly, it could be invalidated, regardless of whether it is notarized.

Lawyers would like you to believe that they are the only ones qualified to prepare wills. But that, too, is simply untrue. Many people prepare perfectly valid wills without any legal assistance whatsoever. And many wills prepared by lawyers are overturned in courts of law because of the lawyer's very costly mistakes.

If you're uncertain or uncomfortable, you're probably better off saying no. As with all notarizations, use your best judgment.

Understanding Apostilles

Joel Klutch (Joel Klutch, Northern California Mobile Notary Public) — Sat, 08 Mar 2008 23:08:55 -0600

What is an apostille? Why is it required? How do you get an apostille done? Here's a simple explanation you may find helpful:

Think of an apostille as an "international notarization". Many notarizations are valid only within the country where the notarization is performed. So, a document notarized in the U.S. may be valid only within the U.S. A document notarized in Mexico may be valid only within Mexico. And so on...

But let's say a document must be notarized in the U.S., then sent to an official in Mexico. Because the document is crossing international boundaries, the Mexican authority might not accept the U.S. notarization as valid. An additional step may be required to authenticate that the notarization is legitimate. The solution is usually an apostille, and here's how it's done:

First, the notarization is performed. Then, the notarized document is forwarded to a state-level government office (in California, the document is forwarded to the California Secretary of State's office). That's where the apostille is performed, thereby authenticating the notarization.

The document is now ready for delivery to Mexico or any other country that accepts apostilles from the U.S.

For an alphabetical list of all participating nations, visit http://www.hcch.net/index_en.php?act=states.listing.

(For more in-depth information regarding authentications, apostilles, and certifications, visit my website's apostille page at http://www.DriveNotary.com/apostille.htm.)

Notarizing Celebrities / Famous People

Joel Klutch (Joel Klutch, Northern California Mobile Notary Public) — Fri, 22 Feb 2008 18:48:58 -0600

Whenever I notarize someone who is nationally well-known, I make an effort not to act "star struck". Famous people tend to have especially hectic, demanding schedules, and others frequently want to stop them, talk to them, ask for an autograph or photograph, etc.

Although they are used to that sort of reaction, I try to keep things low-key. I don't gush over them (even though I may want to!). Because of their busy schedules, I typically try to notarize them as quickly and smoothly as possible so that they can get on with the rigorous demands and responsibilities that come with their status and position.

This doesn't mean that I don't talk with them during the notarization. Famous people are every bit as nice and friendly and easy to talk to as the rest of us (often even more so!). But I do try to treat them like "regular people" by conversing with them in much the same manner as I would anyone else.

So when you have the privilege of notarizing someone famous, do them a favor and keep your cool. Maybe they'll appreciate it, or maybe they won't even notice it. But at least you'll know that you went out of your way to help make their hectic day a little less taxing for them. And as a bonus, you got to meet them, get their autograph (in your notary journal, of course), and get paid for it in the process. That's a pretty nice gig for you!

What To Do With Your Cell Phone During A Signing

Joel Klutch (Joel Klutch, Northern California Mobile Notary Public) — Sun, 17 Feb 2008 14:44:55 -0600

While you're performing a notarization, your cell phone rings. What should you do? Answer it? Ignore it and let the caller leave a message in your voicemail? What is proper cell phone etiquette in this situation?

Consider the perspective of the client you're presently notarizing. How do you suppose he or she would feel if you answered the phone right in the middle of the job you're supposed to be performing? After all, you're being paid to perform a notarization, not to interrupt the signing just because your phone happens to ring.

I believe the most appropriate and considerate approach is this: when you arrive at a signing, set your phone to "vibe" or "silent" mode, so that if you receive a call, the ringtone won't interfere with your work or disturb anyone.

However, if you feel you must answer your phone during a signing, politely acknowledge your client first (examples: "I'm sorry, would you pardon me for a moment, please?" or "Excuse me for just a moment."). People appreciate such courtesy and are quite understanding. Then keep the call as short as possible.

Politely tell your caller that you're in the middle of a signing (or a meeting, or however you'd like to appropriately phrase it), and that you'll call them back in just a bit (making sure to get their name and phone number, of course). Keep it short and sweet. Remember: you're leaving an impression on the other people in the room with you, as well as on the person with whom you're speaking over the phone. It's important that your conduct demonstrates courtesy and respect toward everyone.

Of course, one way to prevent this sort of thing from occurring is to simply leave your cell phone in your vehicle. But I don't recommend this. You - or your clients - may need to use your phone during the signing, so I suggest you always bring it in with you. Just remember to display good cell phone etiquette, and you should be fine.

Mobile Notaries: No Job Is Too Small

Joel Klutch (Joel Klutch, Northern California Mobile Notary Public) — Sat, 16 Feb 2008 21:39:07 -0600

During the current mortgage slowdown, I - along with most mobile notaries - receive fewer calls for loan signings. Much of my present business consists of relatively small notary jobs: affidavits, releases, agreements, adoption forms, verification letters, powers of attorney, and so forth...

Yes, these jobs pay less than loan document signings. Nonetheless, I truly enjoy them and I openly welcome them. I get to meet far more people by doing many small jobs than I would by doing a smaller number of "big" (i.e., loan signing) jobs. I may not make as much money, but if money was my motivation, I wouldn't be a mobile notary in the first place! I enjoy my work and the people I meet, and I try to do the very best I possibly can for each and every client I serve, regardless of the size of the job or how much it pays.

My advice to all mobile notaries is to accept every job that comes your way (provided the fee is acceptable to you). And if you don't want the job, please feel free to send it along to me!

So, You're "Just" The Notary

Joel Klutch (Joel Klutch, Northern California Mobile Notary Public) — Sat, 16 Feb 2008 21:01:11 -0600

Often with loan signings, the mobile notary is treated as something of an afterthought, a relatively minor, insignificant, easily-obtained and easily-replaced part of the process. In particular, many signing companies and mortgage brokers tend to treat mobile notaries with palpable levels of disrespect and condescension.

This is, to some extent, understandable, even though indefensible. The notary is at or near the bottom of the business food chain. His or her fee is very small compared to what others make in the course of a real estate transaction.

But without the mobile notary, countless loan signings simply cannot be completed. As a mobile notary, your role is integral and essential. The loan doesn't close without your participation, your involvement, your contribution. And nobody gets what they want if the loan doesn't close.

Your role is very important. You make a huge difference. Without you, everybody loses: the seller, the buyer, their agents, the broker, the lender, the title company...

So the next time someone suggests or implies - either by words or actions - that you're "just" the notary, remember: they need you and the valuable service you provide. If they demonstrate a demeaning lack of appreciation for you and what you bring to the equation, you might want to consider whether they're the sort of people with whom you really want to continue doing business.

What's In Your Notary Bag?

Joel Klutch (Joel Klutch, Northern California Mobile Notary Public) — Sat, 16 Feb 2008 19:57:47 -0600

When you take an assignment as a mobile notary, you should try to be prepared for just about anything within reason. How prepared are you? What items/supplies are in your notary bag? Here are some essentials I recommend you bring along to every signing (listed in no particular order):

Lots of pens, both blue ink and black ink. Get cheap pens that work well (my favorites are the stick pens from Papermate and Bic). Pens have a habit of disappearing, so keep plenty on-hand.

Paper clips, both large and small.

Binder clips of various sizes.

A good, reliable little stapler (with plenty of staples).

Large, strong rubber bands.

Scratch paper.

A receipt book.

Acknowledgment and Jurat pads.

A supply of your business cards.

3M Post-It notes (you can never have too many).

Page markers (those colorful, self-adhesive little tags that let you mark pages and easily find them later).

A yellow highlighter pen. (Other colors too, if you like. But definitely include yellow.)

Scissors.

A staple remover (unless you enjoy destroying your fingernails).

A magnifying glass.

A clipboard (sometimes it's the best - and only - good writing surface available).

Names and phone numbers for all parties involved in - or associated with - the signing.

Your notary journal. (I like to carry at least one extra backup journal as well. When one journal fills up, I can go right to the next one.)

Your notary seal. (As with the journal, I also carry at least one extra seal. They can break or otherwise malfunction. If you use a self-inking seal, be sure to keep a small container of refill ink in your bag. If you use a seal with a separate ink pad, be sure to carry an extra pad of ink.)

A thumbprinter.

Your own photo ID. (Of course, if you're driving, you should have your driver license with you anyway.)

I don't use an "official" notary bag. I prefer a regular, spacious, soft-sided bag with lots of zippered pockets, including several large pockets. Use whatever works best for you.

Should You Charge For Waiting?

Joel Klutch (Joel Klutch, Northern California Mobile Notary Public) — Fri, 15 Feb 2008 23:02:16 -0600

You're a mobile notary who's been asked to perform a signing at a specific time. You and your client agree on the price you'll charge for the job.

You arrive on-schedule, ready to go. But the signer is not ready. You're told he'll be with you shortly, and that you should just have a seat while you're waiting. Your wait grows from 5 minutes to 10, 15, maybe even 30 minutes or more. (Some clients have kept me waiting an hour or more, although this is quite rare.) What should you do?

If you don't have another pressing appointment with which this delay is going to interfere, it's worth your while to stay and perform the signing when the client is ready. (If you do have another appointment scheduled and you reach the point at which you recognize this wait could cause you to be tardy for that next signing, grab your cell phone and call your next client to politely and apologetically let him know that you're running a bit late; he'll appreciate your courtesy.)

Once the delayed signing is completed, you have a choice: you can bill extra for the extended wait, or you can ignore that inconvenience and simply charge your normal fee. I think this is a personal decision that you have to make for yourself. But I never charge extra under these circumstances. My rationale is this: when I agree in advance on a price for a job, it is not a time-based fee. In other words, I'm not charging by the minute or by the hour or by any other unit of time. I'm charging for the job, whether it takes 15 minutes, or an hour and 15 minutes.

A couple of exceptions/variations to the above: If the client is apologetic for the unintended delay and insists on paying me extra for my extended wait, I'll graciously and appreciatively accept. Also, if, after waiting, the signing does not take place, I will - politely, of course - inform the client that I must charge him for my travel. I've never had a client who objected to this practice. It's expected that if you keep your scheduled appointment and the signing does not occur through no fault of yours, you are entitled to be compensated for your travel.

Reasonable Pay For An Unreasonable Request

Joel Klutch (Joel Klutch, Northern California Mobile Notary Public) — Fri, 15 Feb 2008 22:21:01 -0600

As a mobile notary, I get this sort of thing occasionally:

A potential client calls (usually a mortgage broker or title company representative), needing a loan signing today in a town that's located two hours from me. Because of the lengthy drive involved, I tell him I'd have to charge him considerably extra to do the job, so I suggest that he can save some money by locating a notary situated closer to the destination city. He offers me a slightly increased fee, but not nearly enough to cover my added travel expense. I respectfully turn down the job, thanking him for his offer and letting him know that if he is unable to find another notary, I will be glad to get the job done for him, but at a higher pay rate.

This can be tricky. On the one hand, I don't like turning down jobs and turning away business. On the other, I have to make a reasonable profit for my efforts. What factors influence my decision in a situation like this?

For one thing, there's the client's attitude. If he comes across as rude, fast-talking, impersonal, and inconsiderate, my desire to work with him is diminished. If he isn't familiar with the geographical areas involved, I try to politely explain why I would have to receive greater compensation than he is offering. Then there are the actual dollar figures being discussed. If he starts relatively low and doesn't go appropriately higher (particularly once he is aware that I'll be driving four hours roundtrip), we probably are not going to agree on the fee.

However, if he recognizes that he is asking for quite a lot on very short notice, and if he understands the value of the service I am providing so that he can get his client properly signed before an impending closing date, he will offer to pay me fairly, and I'm glad to go out of my way to help.

Let me be clear: This is not all about money. Again, the client's attitude plays a key role. He's in a bind, and he's asking for my help, so the more pleasant his attitude, and the more willing he is to negotiate a fee that is reasonable for both of us, the more likely I am to work with him and accommodate his request.

The Impression You Make Is More Important Than The Appearance You Present

Joel Klutch (Joel Klutch, Northern California Mobile Notary Public) — Thu, 14 Feb 2008 22:48:00 -0600

Mobile notaries are often told to dress "professionally" for their signings. Well, I'm going to buck that trend by telling you that - within reason, of course - it doesn't matter how you dress. Casual pants, sportshirt, and loafers? Sure. Jeans, t-shirt, and sandals? Why not? No socks? No problem.

The people you notarize couldn't care less about what you're wearing. Just make an effort to be clean and presentable. What's important is that you're friendly, courteous, and respectful, and that you know what you're doing. Suit and tie? Meaningless. Good manners and quality work? With apologies to MasterCard, priceless.

The impression you make on - and leave with - your clients is not determined by your fashion statement. It's a product of the way you treat them and of the competency with which you perform your job.

Sure, try to look your best. But no less importantly, be yourself. If you're at your best looking like you're dressed for a picnic or a day at the beach, there's no rule that says you can't be the best mobile notary in the world, just the way you are!

Notaries: If It's Not Legal, Just Don't Do It!

Joel Klutch (Joel Klutch, Northern California Mobile Notary Public) — Thu, 14 Feb 2008 17:22:01 -0600

This post is very short but very important:

Your notary commission requires that you adhere strictly to the law when performing notarial acts. If someone asks you to "bend the rules" for a notarization, don't do it. Don't even consider it. You may be tempted, especially if the person is offering to compensate you nicely. You may think no one is likely to be harmed by a slight indiscretion on your part. But performing an improper notarization is not like driving 30 mph in a 25 zone. It's potentially an act of fraud, a felony offense. No amount of money is worth doing something like that.

So again, if it's not legal, just don't do it!

Tips For Being A Good Mobile Notary

Joel Klutch (Joel Klutch, Northern California Mobile Notary Public) — Wed, 13 Feb 2008 00:46:01 -0600

Want to be a better mobile notary than your competition? Here are a few simple things you can do to stand out from the rest:

If you're running late for an appointment, always call to let your clients know. This may seem obvious, but you might be surprised at how many people fail to display this courtesy to their customers. Don't be one of them. It only takes a moment to make that cell phone call from your vehicle, and your clients will appreciate it.

Be friendly and polite to everyone present at the signing. Give the signers the focus of your attention, but don't ignore others who may be nearby. If pets (dogs, cats, fish, whatever) are in the room, show an interest in them. People typically appreciate that expression of warmth and caring.

Don't rush your signers. If they're taking longer than you'd like to review and sign their documents, that's their perogative. Remain patient and courteous throughout.

Don't be afraid to answer questions your clients may have. Of course you cannot offer legal advice if you're not an attorney, but that doesn't mean you can't help your signers at all. There are plenty of questions you can help them with. Use your discretion.

When doing a loan document signing, try to bring along the names and phone numbers of any individuals (mortgage brokers, title officers, real estate agents, etc.) who the signers have been working with. You might assume that the signers have all that information handy, but often they do not. If they need to call one or more of those people with a question during the signing, you may be able to assist.

Try not to schedule appointments too close together. Allow yourself enough time between appointments so that you can get to one destination, perform the signing without rushing your clients, then get to your next destination, all while remaining unrushed and on-schedule. I like to allow twice as long as I think a job should take. So if I have what I think should be a 20-minute drive and a one-hour signing, I'll allow closer to 40 minutes for the drive (traffic, traffic, traffic!), and two hours for the signing.

Arrive a bit early if possible. If you get there 15 minutes ahead of schedule, no harm done. Knock on the door and introduce yourself, acknowledging that you arrived earlier than expected. Usually, the signers are glad to start a bit early. If they're not able to, at least you're already there and ready to begin as soon as they are.

Bring plenty of extra pens. (Inexpensive ballpoint pens that you can buy for about 10 cents each are ideal. They work just as well as expensive pens, and if the signers keep them, no problem.) Have both black ink and blue ink, as some lenders insist on a specific color for the signing.

Okay, that's a start. Be sure to check some of my other blog postings for more tips.

Some Of The Good And Bad About Being A Mobile Notary

Joel Klutch (Joel Klutch, Northern California Mobile Notary Public) — Sun, 10 Feb 2008 21:48:47 -0600

As with probably every occupation or profession, there are good things and not-so-good things about being a mobile notary. I'll touch on some of them here.

First, the good: You get to meet lots of very nice people. When you're with them, there's usually plenty of opportunity for friendly, often-engaging conversation. You get to travel to many different locations to perform your work. You're not confined to a routine 9-to-5 office job. You enjoy the independence of setting your own work schedule. You can accept only the jobs you want, and refuse (better yet, refer) those you don't want.

And the not-so-good: When the weather is cold and windy and rainy, driving around all over the place isn't exactly fun. If you're looking to get rich, this isn't the business for it. You can do okay if you apply yourself, but it's hardly the most lucrative-paying job you could choose. You're competing with gazillions of other notaries, many of whom advertise unrealistically low prices solely for the purpose of attracting unsuspecting clients. (Of course, those clients soon learn to their dismay that - as with most things - they get what they pay for!)

The bottom line: If you enjoy the independence of setting your own schedule, driving, meeting and talking with people, performing a much-needed and highly-beneficial service, being a mobile notary public could be a good fit for you. And if you also have another job, you can use your mobile notary service to bring in some nice supplemental income.

A word of caution: If you don't enjoy driving, you probably won't enjoy being a mobile notary. It's really not feasible to attempt this type of work using public transportation. Also, if you're not comfortable being out alone after dark (especially with strangers in unfamiliar areas), you might want to consider limiting your service to daylight hours only.

What To Do If You're A Mobile Notary Who Has To Turn Down A Job

Joel Klutch (Joel Klutch, Northern California Mobile Notary Public) — Sun, 10 Feb 2008 02:31:14 -0600

So you're a mobile notary with a nice little (or not so little) notary job all ligned up for later today, when you receive a phone call from a client who's up against a deadline and needs your services during precisely the same time that you'll be performing your already-scheduled job. What do you do? What do you tell the client? You don't want to lose his/her business, but you have an existing obligation that you must keep. Here's a good way to handle this sort of situation:

Get to know two or three other good mobile notaries in your area. Make sure they're competent, reliable people who you can recommend with confidence. Then, when you receive more than one job for the same time slot, refer the client to these other notaries. Let the client know that you're familiar with the notaries' work, and that you would not recommend them if you weren't confident in their abilities. Provide the client with the name and phone number of each notary. (The client is usually very happy that you're so willing to go out of your way to help him/her!)

After about 15 minutes, call the notaries to find out whether the client contacted them and to make sure one of them was able to take the job. And call the client to make sure he/she found someone to do the job. The result: happy client, happy notary who got the job referral from you, and happy you, because not only did you help out the client-in-need and the other notary, you also get high marks from the client, who is so very impressed that you went out of your way to help. That client is likely to remember you the next time he/she needs a notary in your area!

(And be sure that if you're referring business to other notaries, they're doing the same for you. If they don't appreciate what you're doing for them, and if they're not returning the favor, you might want to find other good notaries with whom to share overflow business.)

Notary Questions? Call Or Email Me And I'll Be Glad To Help!

Joel Klutch (Joel Klutch, Northern California Mobile Notary Public) — Sun, 10 Feb 2008 02:00:54 -0600

I receive a number of phone calls and emails from customers - and other notaries - located throughout California, across the U.S., and even around the world, asking my advice on a number of notary-related issues. How do we get an apostille done? Is it proper for me to notarize this document under these circumstances? What do I do if a signer puts me on the spot with a difficult question? How much should I charge for a particular service? How do I know whether to perform an acknowledgment or a jurat? And so on...

I'm not certain why they contact me. Maybe they like my website (it's not the world's fanciest, but I receive many nice compliments about it, which I appreciate), and so perhaps they figure I know what I'm doing. Whatever the reason, I'm always glad to be of assistance. If I don't have the answers to their questions, I try to track down the solutions they need.

So if you run into a notary-related situation that you're not sure how to handle, feel free to contact me and I'll do my best to help. (And who knows? Maybe you can return the favor for me sometime!)

Identifying Document Signers

Joel Klutch (Joel Klutch, Northern California Mobile Notary Public) — Sat, 09 Feb 2008 21:49:50 -0600

As a notary, do you ever run into this situation: the document signer does not have an acceptable form of photo ID, but he asks you to cut him some slack and perform the notarization anyway? Maybe he offers you an employee identification card, or a public library card, or a credit card, or some other form of ID that is not sufficient for notary identification purposes. What do you do? He may seem like an honest, decent person. He may really need to get the notarization completed. And you may really believe he is who he says he is.

Don't do it! No matter how nice he may be, no matter how good his intentions, you must (politely, of course) refuse to perform the notarization if he cannot produce appropriate ID. Even if you're convinced he's legitimate, you have a sworn obligation to uphold, integral to which is that you properly identify the signers of documents you notarize.

You're doing a disservice to your customers and to yourself if you do not adhere to this requirement. You risk placing others into a situation in which they may become the victims of identity theft and fraud. And you risk losing your notary commission, as well as exposing yourself to the very real possibility of being charged with criminal and civil wrongdoing. Is it worth the risk? Never!

Remain true to the oath you took when you became a notary. Remember, the public puts its faith in you. People depend on you to protect them. Don't let them - and yourself - down.

Administering Oaths For Jurats

Joel Klutch (Joel Klutch, Northern California Mobile Notary Public) — Fri, 08 Feb 2008 23:22:51 -0600

Some signers may get a bit upset when asked to take the oath required for executing a jurat. They might say they've done many notarizations, and nobody has ever required them to take an oath. Don't argue with them or do anything to upset them even more; just politely tell them it's required by law in the state of California. Usually (actually, always in my experience) they'll go ahead and take the oath, even if somewhat begrudgingly.

There are two main reasons people who've previously been notarized think there's no need for an oath: (1) their prior notarizations have been acknowledgements, which of course do not require an oath, or; (2) they've done jurats, but the notaries involved did not administer an oath, even though they're required to do so.

If you're a notary executing a jurat, please do yourself, your signers, and other notaries a favor by always administering an oath (or affirmation, as the case may be). If you don't, the notarization can later be voided. Remember: the oath is not optional, it's required by law.