| |
notary law: Power of Attorney acknowledgements - 04/30/09 03:12 PM
A notary signing agent asked a question on a message board this morning about Power of Attorney notarizations, and was chastised by several other notary signing agents for asking the question.
They felt that the notary signing agent should have been able to answer the question on his or her own. And they are right.
Notary laws vary from state to state. So there is no point in a notary from one state asking a notary in a different state how to do a notarization properly. It really depends on the notary's state laws.
Another problem with the question is that, … (0 comments)
|
notary law: Microsoft OneNote for Notary Signing Agents - 12/28/08 05:37 AM
Microsoft OneNote is a great tool for organizing all types of notes and information, regardless of your occupation. I had already been using it for organizing personal information, then decided to create workbooks for my Notary Signing Agent information.
The beauty of OneNote is that it is simple to use, yet powerful.
This is how a workbook appears on the screen.
To the left you have tabs for all of the workbooks you've created. At the top are the sections in the workbook. To the right are the pages for each section. It's like having a 'table of contents' at … (2 comments)
|
notary law: Notarizing documents in the absence of the signer - 11/04/08 04:31 AM
I received an email this morning (via ActiveRain) from someone needing some Colorado documents notarized. I'm a Colorado notary.
The only problem is that the person who sent the email is in Taiwan. He wanted to forward the documents to me, have me notarize them, then send them back.
This can not be done.
Documents that require acknowledgements do not need to be signed in the presence of the Notary. However, the signer must appear before the Notary at the time of the notarization.
Another reason that I cannot perform this notary service is that I must identify the … (7 comments)
|
notary law: 'How do you want this notarized?' - 10/21/08 03:54 PM
'You mean, I have a choice?'
Well, it's not exactly like 'having it your way' at a fast food restaurant.
But if you ask a notary to 'notarize a document', you should be prepared to give the notary instructions on how you want it notarized. Because the notary is not permitted to make the choices for you.
One of the problems facing notaries is that, many people don't know what we are, what we do, and why we do it. We are not a substitute for an attorney, or a low-cost legal alternative. If we place a notary stamp on … (1 comments)
|
notary law: May notaries choose the type of notarial certificate? - 03/14/08 08:20 AM
It depends on your state's notary laws. But I could find no reference to it in the Colorado Revised Statutes.
The common belief is that it constitutes the 'unauthorized practice of law'. But is choosing the type of notarial certificate to use really something that is 'unauthorized' for notaries? That is the question. And does it in any way constitute the 'practice of law'? I don't think so.
An example of this was a real estate closing I did a couple of nights ago. At the end of the stack of loan documents was an 'Owner's Affidavit'. The last page of it … (5 comments)
|
notary law: Notary Ethics: when it's right to backdate - 02/18/08 11:08 AM
First of all, it is never right for a notary to backdate. It is illegal. And it is unethical.
Unethical? Says who?
If and when backdating occurs, it is probably because the notary doing it doesn't consider it unethical. In fact, they may even believe that what they are doing is the right thing to do. After all, they are doing the borrower, and everyone involved in the loan process, a service. They see themselves as helping to keep the process going forward.
How can that be a bad thing?
Knowing the difference between right and wrong, good and evil, ... these are things … (1 comments)
|
notary law: Unauthorized practice of law: the gray area of real estate - 01/29/08 11:50 PM
In a recent closing that I did on a FHA loan, the borrower saw the abbreviation 'MIP' on one of the documents and asked me what that meant. I told him that it stands for 'Mortgage Insurance Premium'.
Last night I had a closing and there were some questions the borrower had regarding the 1-4 Family Rider. He thought he could cancel the loan if he couldn't resolve his problem. He asked me if he had a 3-day right to cancel. I told him that he didn't, because it was an investment property:
_____________________________________________________
I know that there is no point in looking through … (4 comments)
|
notary law: Notaries may not notarize their own signature - 01/20/08 01:59 AM
Now, make a wish and blow out all the candles. ...
What did you wish for?
I wish that companies would stop requesting that notaries notarize their own signatures.
I hope your wish comes true.
It's a reality. Notaries are often put in a position of having to notarize their own signature. It's against the law. So the notary should not do it.
How do you know when you're asked to notarize your own signature? It's simple. Take a look at this ID Affidavit:
Notice that it states: "he/she was the closing agent for the borrower(s) ...". There is … (3 comments)
|
notary law: Correction Agreement and Limited Power of Attorney notarization - 01/13/08 05:39 AM
Occasionally a notary signing agent will come across a document that appears to require notarization, such as this Correction Agreement and Limited Power of Attorney:
It has a signature line for a Notary Public, and it requests the notary's commission expiration date. But there is no form of acknowledgement. There is no venue (i.e. State of Colorado, County of El Paso), and no notarial wording.
What should the notary do?
That's right! Call the title company and ask them if they want this document notarized. And if so, what type of notarial certificate should be used. That decision has to be made by the … (3 comments)
|
notary law: Avoid unauthorized practice of law: loose certificates - 01/04/08 02:12 AM
Very many times a notary will be presented with a document that does not include notarial wording. This is not a problem since a loose certificate can be added to the document to provide the notarial wording.
However, the notary cannot make the determination as to which type of loose certificate to add.
I received the documents for the closing I am scheduled to do tomorrow. As usual, I prepare for the closing by going through the entire set of documents. I make notes of any questions I want to ask the title company, any potential problems, etc. I did find a … (3 comments)
|
notary law: 'My commission expires ...' - 12/04/07 04:27 PM
My notary commission expiration date is something I'll never forget, because I have written it thousands of times.
Not anymore.
I purchased a notary stamp that includes my commission expiration date on it. I received it today. I purchased it through the American Association of Notaries. It was reasonably priced and it comes with a lifetime replacement guarantee.
Colorado notary law is very specific about how the notary stamp should be made. The only words that can be contained within the outline of the seal are the name of the notary, according to their official signature, the words 'Notary Public' and 'State of Colorado' … (4 comments)
|
notary law: Becoming a Colorado Notary Public - 11/20/07 02:56 PM
Oh no, not another one of those 'How to become a notary ...' articles.
I'm fed up with the articles too, whose purpose is usually to get you to buy something, or to drive traffic to their website, since they usually have the procedures for all 50 states. And they take an oversimplistic approach to becoming a notary: fill out a form, send in an application fee, and Voila ... you're a notary.
There's a bit more to it than that. So I wanted to write an article on becoming a notary public in the state of Colorado. Not an outline. … (2 comments)
|
notary law: Notarizing a loose certificate when the signer is not present - 11/19/07 08:44 AM
It will happen like this: You will receive a call from a title company or a signing service telling you that you didn't notarize one of the documents from the closing you recently did. They tell you, it's not a problem. Just send them a loose certificate that is notarized, and they'll take care of it. Should you do it?
No.
Not only is it unethical. It is illegal.
So what should you do?
First of all, you should ask them to fax you a copy of the document that was not notarized. You want evidence. It might be a document that doesn't require … (6 comments)
|
notary law: Notary seal as proof of commission - 11/12/07 12:54 AM
The only time a notary seal should be used is on a notarial certificate. [C.R.S. 12-55-112]
Nevertheless there are companies who ask notaries to provide a notary seal on a document as proof of commission, or because they want to make the document appear more 'official'. For example, this is a document that I recently came across in a set of loan documents:
First of all, the notary seal is not to be used to give documents the appearance of being 'official'. And it should never be used as proof of commission. If the company wants you to prove that you are a notary, you … (3 comments)
|
notary law: "I am not a crook.": notarizing your own signature - 08/24/07 04:45 AM
Famous words from the '70s. I think I'll call this conspiracy, 'Notarygate'. Just about every week, I am asked to commit a crime.
The companies who ask me to perform illegal acts aren't criminals or bad guys. It's just that they, for lack of a better phrase, don't know any better.
One of the things I am frequently asked to do is notarize my own signature. The document will even require that I put myself under oath ("Do you, Leon, solemly swear that ....?" "Yes, Leon, I do."). Okay, I'm making light of it. But I will actually get requests that are suggesting … (10 comments)
|
notary law: Notary Education: Notary Public Procedures, Laws, & Common Sense - 08/14/07 03:25 PM
This is a self-study course that is published by the Notary Law Institute, written and taught by Peter J. Van Alstyne, JD.
This is one of the best self-study programs for notaries that I have come across. It is not only an excellent course of notary instruction for new notaries, but it is also ideal as a refresher course for experienced notaries. As part of our continuing education, notaries have to learn from as many different sources as possible: online, live seminars, books, etc.
The pages to the book are in a ring binder. This is ideal if you want to add your … (1 comments)
|
notary law: Unlawful use of the notary seal - 08/06/07 01:53 PM
It is encouraged that notary signing agents sign up with as many signing companies as possible. It's a tedious process in some cases, and there can be many requirements.
The signing company will want proof that you are a notary, among other things. They may request that you fax a copy of your notary certificate, E&O insurance, drivers license, proof of automobile insurance, and other items.
Something else you may be asked to do is give a sample of your notary seal. Check your state notary laws. This is not only an unsafe practice, but it can also be illegal.
So how do … (4 comments)
|
notary law: Incomplete Affidavit - 07/12/07 05:16 PM
I received some documents today that require notarization. One of them is a Warranty Deed, the other is a No Lien Affidavit. At first appearance everything seems to be in order. But upon closer inspection I noticed that the Warranty Deed has 2 pages. It is numbered Page 1 and Page 3. But there is no Page 2. The same with the No Lien Affidavit.
This is what the bottoms of the pages of the Warranty Deed look like:
Can I notarize the signature? NO.
As a notary, I don't concern myself with whether the contents of the document are true or false. That is … (3 comments)
|
notary law: UPL: Unauthorized Practice of Law - 07/09/07 06:28 PM
According to the Colorado Notary Law Primer, there are exceptions in which a notary may give advice about documents: "Exceptions. Nonattorney Notaries who are specially trained, certified, or licensed in a particular field such as real estate, insurance, and escrow may advise others about documents in that field, but in no other."
Even though it says so in writing, I think it would be wise to use good judgement and prudence regarding how (and IF) we "advise" the borrowers about their loan documents, even if we believe we know the answer. At the expense of appearing ignorant, I have saved many closings … (0 comments)
|
notary law: Notary Law Primer - 04/26/07 09:31 PM
If there is one book that every notary should own it's a Notary Law Primer. These are indispensable tools that contain just about everything a notary needs to know.
The title would lead one to believe that these have only to do with notary law. They are actually a whole lot more.
Using the Colorado Notary Law Primer as an example, it contains the following chapters:
How to Become a Colorado Notary PublicTools of the Trade10 Most-Asked QuestionsSteps to Proper NotarizationNotary Laws ExplainedTest Your KnowledgeColorado Laws pertaining to Notaries PublicOffice of the Colorado Secretary of StateCounty Clerks' OfficesBureaus of Vital StatisticsHague Convention … (1 comments)
|
|
|
|
|
|
Leon Austin, Colorado Springs Mobile Notary
Colorado Springs,
CO
More about me…
Mobile Notary Services
Address: Colorado Springs, CO
Office Phone: (719) 473-9336
Cell Phone: (719) 238-7988
Email Me
 Links
Archives
|
;)
;)
