Colorado Springs Mobile Notary - Leon Austin

Notaries and Last Will & Testaments

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Sun, 07 Jun 2009 15:53:13 -0500

I must sound like the most clueless person in the world when it comes to giving advice about a Last Will & Testament. I have a good reason:

I'm a Colorado notary -- not an attorney.

A notary may not give advice about a Last Will & Testament. Or any kind of legal advice, for any kind of document. That is, not unless they want to be prosecuted for engaging in unauthorized practice of law, which is a very serious offense.

It's becoming very common for a person to prepare their own Last Will and Testament. They save themselves hundreds of dollars by not going to an attorney. They simply download a form from the internet, usually for less than $20, and fill it out. Then take it to a notary. And while they're with the notary, they ask the notary if they filled it out correctly, what to do with it once it's notarized, ... and a lot of other questions. It happens almost every time I notarize a Last Will and Testament that a person prepared themselves.

Many notaries refuse to notarize a Last Will & Testament out of fear of doing something wrong.

But a notary notarizes signatures -- not documents.

A notary makes no claims about the validity or accuracy of a document. Notarizing a Last Will & Testament doesn't necessarily make it "legal". A notary is not a cheap substitute for an attorney. If a person asks me if they did everything correctly, I don't hesitate to tell them that I'm not an attorney, and I cannot offer any kind of advice.

So what good is a notary if they can't offer advice about a Last Will & Testament?

Notaries don't give advice about documents. Notaries notarize signatures.

For more information, see the 'Last Will & Testament' section on my website.

Mobile notary services to Fort Carson, Colorado

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Sun, 24 May 2009 10:52:01 -0500

Of all the military bases in the Colorado Springs area, Fort Carson army base is the most difficult to get onto.

Difficult ... but not impossible.

So if you're a notary signing agent / mobile notary, you don't need the skills of an Ethan Hunt or Jason Bourne in order to get past the guards.

You just need a little patience.

The gate that I normally use is Gate 3.

If you're driving west on Academy Boulevard, it's the 'Fort Carson - Westmeadow Drive exit'. Then you'll see this sign. There's a traffic light at which you'll make a left turn.

Expect to be delayed for a few minutes while the security guards inspect your vehicle. Usually the guard will have me open the hood, trunk, glove box, and all four doors. Have your driver's license, registration, and proof of insurance available to present it to them. Even though I state the nature of my business, I also include my business card.

The guards are very serious about these inspections, and they do a thorough job. They are also very courteous and polite. I'm always tempted to let them know that I was an enlisted man -- not an officer -- while I was in the army, so there's no need to call me 'Sir'.

Once I'm on the base, I'm able to go just about anywhere. Finding my way around is not difficult. Most of the streets on Fort Carson can be found using MapQuest, and GPS. I have done notarizations in the housing area, and I did a closing in one of the barracks.

There is a Burger King on Prussman Boulevard and Specker Avenue, if the soldier wants to meet there.

Ironically, McDonald Street is one block north of Prussman, although there is no McDonald's restaurant there ... yet.

When I first became a notary signing agent, I wasn't sure if I would be able to perform notary services on Fort Carson. But getting onto the base is not a problem once you know the routine.

Calhan, Colorado: A Divided Town

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Sun, 24 May 2009 06:43:09 -0500

I always thought that Calhan, Colorado is located in El Paso county.

It is. But it's also located in Elbert county. That's what I discovered last week when I was assigned to do a closing in Calhan.

One of the first things I do when I get a closing assignment is find out where the borrowers are located. I thought it was unusual that the trip would take me more than an hour and a half, according to Mapquest.

Just where in Calhan is this? Where in Colorado is this? It was when I looked at the map view that I saw that it was in Elbert county. Is this some kind of mistake? Is that really Calhan?

After locating the borrowers on the map, I called them to confirm the appointment.

Sure enough, they are in Elbert county.

It was a pleasurable closing experience. I actually like the long drives out into the rural areas of Colorado. There is hardly any traffic. Just miles and miles of open scenery. You could probably stop in the middle of the road and have a picnic if you wanted to.

Having GPS really came in handy. There were a lot of turns, and the road signs aren't easy to see.

Just in case the title company doubted that the closing was actually in Elbert county, and not El Paso county, I got photographic evidence:

Amendments to Colorado notary law (SB09-111): notary journal

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Wed, 06 May 2009 14:53:40 -0500

I notarized a lease agreement a few weeks ago. I made an entry of it in my notary journal and asked the signers to sign it.

The person managing the transaction asked me if it was necessary to keep a journal. I told him that Colorado law requires all notaries to keep a journal of notary acts that affect the title of real property. (CRS 12-55-111). However I keep a journal of all notarizations, regardless of what they pertain to.

The law has been amended to read that every Colorado notary will be required to keep a journal of every notarial act, and will go into effect July 1, 2009.

There are some other changes to the law. You can read about it at the Colorado Secretary of State website.

My criteria for declining a loan modification assignment

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Mon, 04 May 2009 13:34:35 -0500

I just received a call from a signing service to do a loan modification.

I asked the caller to give me the name of the company handling the loan modification, and if I needed to collect any money. The caller gave me the name of the company, and said that I would be collecting a cashiers check.

I told the caller that I can't do it.

That's my criteria: if I have to collect money from the homeowner -- NO.

I do loan modification signings as part of the work that I do as a notary signing agent. I did one a couple of weeks ago. It was through a well-established and reputable title company, and the loan modification agreement was coming from the borrower's lender. There was no money to collect.

But I will decline any request to do a loan modification from a company that stipulates that the borrower has to pay an upfront fee.

From e-docs to e-Signings: paperless closings

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Sat, 02 May 2009 15:00:57 -0500

One of the primary tools of a notary signing agent is a laser printer (and lots of paper). It's how we get the loan documents printed for closings. The method of delivering the documents may vary. Most of the time they are sent to us as email attachments. Sometimes we have to log in to a secure website to download them.

Regardless of how we receive the documents, the end result is the same:

paper

The closing documents must be printed to paper so that the borrowers can sign them.

Notary signing agents didn't always require a laser printer to get the job done. There was a time when the documents were sent to the notary signing agent via overnight delivery (i.e. FedEx, UPS). Or they would be sent directly to the borrower.

The emergence of e-docs

Then came the shift to requiring the notary signing agent to print the loan documents themselves. If notary signing agents wanted to continue to do loan closings, they would need to invest in a laser printer. And they needed to learn how to print the documents.

The name that is associated with this process of delivering documents is 'e-docs' (or 'edocs') -- short for 'electronic documents'. Instead of receiving a package of paper documents, the notary signing agent receives the loan documents in digital format.

Regardless of whether the documents are sent via overnight delivery or sent as e-docs, the end result remains the same: paper. Lots and lots of paper.

Electronic documents take on a new meaning

There is a shift occuring that is revolutionizing the way notary signing agents conduct remote closings. Notary signing agents still need laser printers to print documents. But we are now being asked if we have a laptop computer and wireless modem. The reason: loan closings are going paperless. And the way that we access the loan documents will be via the internet.

Instead of signing paper documents with an ink signature, borrowers view the documents on a computer screen and sign them with an electronic signature.

'Sign here.' is being replaced with 'Click here.'

Once again, notary signing agents find themselves at a crossroad. At first they needed to invest in a laser printer. Now they will need to invest in a new technology -- one that will enable them to take advantage of this new way of doing loan closings.

This morning I came across the article: FHA Preparing Electronic Loan Specifications, Bank Technology News, by Anthony Garritano, April 8, 2009

From the article:

"We know we need to work in a paperless environment, ... Our goal is to receive all mortgage documents electronically and update FHA systems with all required information so that manual input of information by lenders is not required." - Jo Ann Kuczma, director of the home mortgage insurance division at FHA

The writing is on the wall -- in digital format.

Notary signing agents are going to receive more and more requests to do eSignings. This doesn't mean that we can toss out our laser printers which have served us well for so many years to do e-docs. But there is a new type of 'e-docs' on the horizon, and we have to place ourselves in a position to take advantage of this new way of doing loan closings.

For more information, see the eSigning section on my website.

Power of Attorney acknowledgements

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Thu, 30 Apr 2009 15:12:21 -0500

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, there are two things to consider when a signer is signing with Power of Attorney. The lender will give specific instructions in the closing instructions as to how they want the signer to sign. For example:

So not only does the notary signing agent want to check their state notary laws, they also want to find out what the lender requirements are for Power of Attorney.

For Colorado notaries, Power of Attorney acknowledgement forms are covered in CRS 12-55-208 (1)(d). Short forms of acknowledgement.

12-55-208 (1)(d) For an individual acting as principal by an attorney in fact.

For example:

State of Colorado
County of El Paso

The foregoing instrument was acknowledged before me this April 30, 2009 by Jane E. Borrower as attorney in fact on behalf of John E. Borrower.

______________________
(Sal E. Notary)

There are also pre-printed acknowledgement forms that are acceptable. This is a scaled-down sample of an Attorney in Fact Acknowledgement:

There is a section at the bottom for the notary to write in the details about the document, and to get a thumbprint from the signer.

'What if I don't want a 3-day right to cancel?'

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Thu, 30 Apr 2009 13:24:01 -0500

For the majority of the closings that I do there is a 3-day right to rescind. Most borrowers welcome this opportunity to have a chance to review the documents, get answers to questions, resolve any problems, ... etc.

However, not all borrowers want to wait 3 days.

I hear it often. 'I've come this far. I have no intention of canceling.' or, 'With this interest rate, there's no way I'm going to cancel.' Etc.

That's not for me to decide. I'm 'just a notary'. What I would tell the borrower is that they should contact their loan officer regardng any questions or concerns that they have about their loan.

What the borrower may find out is that, there are closing instructions from the lender which state:

In that case, ... just relax. It's only 3 days.

The Challenges of Closing in Florissant, Colorado

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Sun, 26 Apr 2009 09:55:14 -0500

Whenever I get a request to do a closing in Florissant, Colorado, I think of that saying: 'It's not just a job. It's an adventure.'

For starters, Florissant, Colorado isn't actually a city. You won't find paved streets with traffic lights. There are no neighborhoods with rows of houses and kids playing on the sidewalks, or people walking their dogs.

No. Florissant isn't a city. It's wilderness. Instead of streets, avenues, and boulevards, you have county roads. And they aren't laid out in a grid. They twist and wind. As you may have guessed, not all of the roads are asphalt. They're mostly dirt roads.

And Florissant isn't the kind of place where you want to have car troubles. There are no gas stations every mile. You might consider calling AAA, if you're able to get a call through to them. There are many areas where there is no cell phone coverage. You're on your own.

I did a closing a couple of weeks ago in Florissant. For that closing I took CR1 (County Road 1).

There is another road -- Lower Twin Rocks Road (CR 42).

It intersects with CR1 and provides a bit of shortcut if you're driving from Colorado Springs. That's the road I took to get to the closing I had yesterday. Both roads are paved and in pretty good condition.

It's a good idea to have a GPS. I used to shun the devices, thinking that I could find any location with a map. But now I can't imagine owning a car without one. And I can't imagine trying to find my way through Florissant at night without a GPS.

It's a beautiful area of Colorado with a lot of spectacular scenery. I don't think I'll ever get to the point where I can say that I know my way around Florissant like I do Colorado Springs. But I've reached a point where I feel comfortable accepting an assignment to do a closing there.

Notarizing a Lease Agreement: acknowledgement or jurat?

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Sun, 26 Apr 2009 08:50:35 -0500

I got a call yesterday from someone in Colorado Springs in need of a mobile notary to notarize a Lease Agreement. When I arrived I asked to see the notary certificate on the document.

Instead of the usual notarial wording, all it had was the word 'NOTARY'.

Apparently this was the place where the notary was supposed to do whatever it is that notaries do.

The problem with this is that, notaries may not notarize a document unless it contains a notary certificate. And a notary may not choose what type of notary certificate to add to a document. This is considered the unauthorized practice of law (UPL).

Rather than go through a lengthy discourse on notary law, I told the person that they would have to choose what type of notary certificate to add to the document. I took out an acknowledgement and a jurat from my briefcase. They recognized the wording on the acknowledgement and wanted that. So I used an acknowledgement.

There were two ways to add the notary certificate (notary wording).

I could have attached a loose certificate,

or used an acknowledgement stamp and stamped the wording on the document. Since the document had enough room on it, I used an acknowledgement stamp.

_________________________________________________________________________________

This is a problem that I face often. Signers don't understand the role of a notary, and don't realize that notaries may not notarize a document unless it has a notary certificate. And if it doesn't have a notary certificate, the signer has to give the notary instructions as to how it should be notarized. It isn't enough to say, 'Notarize it.'

If you have a hand-written letter, or any kind of document that does not contain notarial wording, see the section on my website, Acknowledgement or Jurat?, to determine what type of notarization you want the notary to perform. The instructions must come from you, the signer. The notary may not make that decision for you.

A 'Cool Hand Luke' moment: conflicting closing instructions

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Sat, 25 Apr 2009 07:33:05 -0500

I have come to accept that not everything in this business makes sense. So it comes as no surprise to me when I see important instructions for the closing embedded several pages within the loan documents.

And I learned my lesson a long time ago that you are going to get conflicting instructions. One company will tell you to do one thing, while another company will tell you to do just the opposite.

I'm doing a closing today in Florissant, Colorado. The instructions that I received state that the signing should be done in BLUE ink only:

Not just one exclamation mark -- two (!!) So this must be a very important requirement.

However, after I printed out the loan documents and began my preparation for the closing, I found these instructions to use BLACK pen only:

They were on page 28 -- almost a third of the way through the documents. If I hadn't read through all of the documents first, I would have begun the closing using BLUE ink, only to discover that the lender wants BLACK.

It's days like this when I feel like Cool Hand Luke. One 'Boss' is telling me to do one thing, and another 'Boss' is telling me to do something totally different.

'Luke, I thought I told you to use BLUE ink only. ...'

_______________________________________

P.S. The lender instructions say to use black 'pen' only. I suppose I could use a black 'pen' with a blue ink cartridge. That way I could satisfy both Bosses. Although I think it would be safest to use BLACK ink for this closing.

Not 'closed' on Sunday means closing on Sundays

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Sun, 19 Apr 2009 14:01:12 -0500

I did a closing this morning at 10:30 a.m. in Colorado Springs.

What's so unusual about that, you're probably asking.

It's Sunday.

To a notary signing agent, being asked to do a closing on a Sunday morning is not at all unusual. For those of us who are available 24/7, it's part of the job. We gladly provide the service to the mortgage industry.

The disadvantage for the notary signing agent is that, we don't have a "day off".

There is no "Miller Time".

We never know when we'll be called to do a closing, so we have to be ready to drive at a moment's notice.

However, there are many advantages ...

... for the borrower.

For the borrower it means that they can do the closing of their loan any day of the week, at any hour of the day. If the title company is closed, that's not a problem.

There is a notary signing agent who is not 'closed', which means that the closing can still take place. ...

... even on a Sunday.

_______________________

If you need to find a mobile notary / notary signing agent, you can locate one through either:

Notary Rotary (click on the 'Find a Notary' tab), or

123notary.com

Oaths, Affirmations, and Colorado Mobile Notaries

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Fri, 17 Apr 2009 13:49:34 -0500

An oath, according to the American Heritage Dictionary, is "a solemn, formal declaration or promise to fulfill a pledge, often calling upon God or a god as witness."

We normally associate oaths with courtrooms. A witness takes the stand, raises their right hand, and swears to tell the truth, the whole truth, ... etc.

Or when an oath of office is administered to a public official -- for example, the recent inauguration of President Obama.

Although not all presidents have taken the oath of office in front of the U.S. Capitol in Washington. Lyndon Johnson was sworn in as President of the United States aboard Air Force One.

An oath can be administered for a variety of reasons, and in almost any location.

So what does all this have to do with Colorado mobile notaries?

It is possible for someone in Colorado to give a testimony for a legal proceeding -- over the telephone -- to people in another state. The person making the statements can do it from their home. However, in order for this person to be put under oath, it has to be done in the presence of someone in Colorado who has the power to administer oaths.

Colorado law gives notaries the power to administer oaths. [CRS 12-55-110(b)]

So a Colorado mobile notary is called to go to the person's home to administer the oath. It is done in such a way that the people on the other end of the phone can hear the person taking the oath. ('Do you ______ solemnly swear ...?')

They are then satisfied that the statements that the person is going to make over the phone will be made while that person is under oath. There could be severe penalties if the person makes a false statement. The mobile notary doesn't have to be present while the person is being questioned -- only for administering the oath.

That is the role that I played this morning. I was called to swear someone in so that they could give their testimony over the phone. First I asked to see the person's identification so that I could properly identify him. I recorded the notary act in my journal. After that, he made the phone call. I was asked to identify myself and give my commission expiration date. I then asked the person to raise his right hand and I swore him in. Once he was sworn in, I left. I had done all that I needed to do.

If a person in Colorado can't personally appear before a judge in another state, a mobile notary can be used. A mobile notary can be a vital link, and provide this kind of service to clients all across the country who need to take statements from someone while under oath.

Loan closing in Divide, Colorado

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Thu, 16 Apr 2009 07:59:54 -0500

I had a closing yesterday in Divide, Colorado, located in Teller county, not far from Woodland Park. After the closing experience I had last week in another part of Teller County (Florissant), I decided that I would use GPS for this trip as well, although it wasn't necessary. If you're heading west on Highway 24 from Colorado Springs, you can't miss the turn into the location. It is well marked with a sign that reads: 'Sherwood Forest Estates'.

When you make the turn, you will be on a paved road, but not for long. After about a mile the rest of the roads are dirt roads. And as the name suggests, there is a vast area of forest here.

Something else that you might expect from a place that calls itself 'Sherwood Forest' is that the names of the roads are named after characters from the Robin Hood tale.

For example, there is a 'Maid Marian Drive', 'Friar Tuck Drive', 'Little John Lane', ... just to name a few. And of course Sherwood Forest wouldn't be complete without a 'Robin Hood Drive'.

Divide, Colorado isn't just forest. You also have a fantastic view of the mountains, still covered with snow.

Divide is situated at over 9,000 feet elevation, so this view of snow-capped mountains is one that will last for a while.

I arrived in Divide about 15 minutes before the closing and just drove around, admiring the scenery. It's days like this that make me glad that I'm a notary signing agent. I get to see so many different parts of Colorado, and am able to mix business with pleasure.

It's time for me to head on down the road to the borrower's home.

I wish I could drive around a while longer, but I've got a closing to do.

Proper notarizations: tips for the consumer

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Tue, 14 Apr 2009 21:10:59 -0500

I received a call last Saturday from someone requesting mobile notary service. The document was part of a Colorado Professional License application. This wasn't the first time this person had this particular document notarized.

Why a second time?

They were doing it for a second time because there was a critical error with the first submission of the application: the notary didn't add their notary signature. So the teacher's application was rejected, and it had to be resubmitted.

There is no need for this kind of inconvenience. If the consumer knows what elements to look for in a notarization, they can point out any errors to the notary and have it corrected on the spot.

The following are some of the most critical parts to any notarization:

The notary certificate should indicate in what state and county the notarization took place. This is what is called the 'venue'. For example:

The notary certificate may have been prepared by an agency with a venue other than where the notarization is actually taking place. If this happens, make sure that the notary lines through the incorrect wording, initials it, then inserts the correct wording. If the notary certificate indicates 'County of Pueblo', but the notarization is physically taking place in the county of 'El Paso', then the word 'Pueblo' will have to be lined through and corrected.

The commission expiration date:

Every notary in Colorado has a commission expiration date, and it should be indicated on the notary certificate. For example: 'My commission expires December 27, 2009'.

This can be written in by hand or done with a stamp.

The date of the notarization should also be indicated in the notary certificate.

Notary Seal: The notary certificate should bear the notary's seal. In Colorado, this can be done either with an ink stamp or an embosser.

Also, don't be worried if the notary doesn't place the notary seal exactly where you think it should be. If the document has the words 'Notary Seal', but there isn't enough room in that spot, the notary may choose to place the seal in a spot where there is enough room -- as long as they don't cover any of the wording on the document. And if there isn't enough room, don't be alarmed if the notary takes out a separate sheet of paper, called a 'loose certificate' , and completely ignores the notary certificate on your document. This is commonly done if there isn't enough room on the document for a notary seal, or if the wording on the document doesn't conform to Colorado law. The notary will write the words 'See attached certificate' on the original document and staple the loose certificate to it.

Gender and number elements: If the notary certificate has the wording 'he/she/they' to indicate who appeared before the notary, then only one of the words can apply and the others should be crossed out. For example, if the notarization is for a male, then the words 'she' and 'they' would be crossed out.

Check to make sure that the notary spelled your name correctly. If not, then have the notary correct it.

Notary's signature: This is the reason why the teacher's application was rejected, but it is one of the most important elements.

Make sure that the notary signs the certificate with their correct signature.

If you are a victim of an improper notarization, you may not want to use that same notary again. However, you may want to file a complaint against them. You can do that through the Colorado Secretary of State using a Notary Complaint Form. See under: General Information --> 'File a complaint against a notary'

The consumer should not have to be inconvenienced by an improper notarization. If you know what to look for, you can avoid having to go through what this teacher had to go through. No one wants to have their application (or any important document) rejected -- especially if it's through the fault of someone else.

Hopefully these few tips will help you to avoid any inconvenience or costs due to an improper notarization.

Remote loan closing in Florissant, Colorado

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Sun, 12 Apr 2009 07:27:58 -0500

I have a confession to make. A few years ago I had a closing assignment in Florissant, Colorado. On the way there I took a wrong turn and had a hard time finding the borrower's home. It didn't help that he lived far off the beaten path, and that there was no cell phone coverage so that I could call him and get directions. I finally located him through trial and error.

Actually, just about everyone in Florissant lives far off the beaten path. Florissant, Colorado isn't a city. It's more like an area. Wilderness, to be exact.

Things have changed a lot since that closing in Florissant. It can still be a challenge finding some of the locations there, but I have a better attitude about going to remote places ever since I bought a Garmin GPS for my Palm Treo. GPS is something that every notary signing agent and mobile notary should have. It's really amazing how this device can find locations. I had a closing last week in Elizabeth, Colorado. The GPS got me there with no problem.

But would it find locations in Florissant?

I had a chance to find out. I got a call to do a closing last Friday in Florissant. I was able to locate the borrower with no problem. As I turned onto the road where she lived, the GPS announced: 'Arriving at destination.' And sure enough, there was the house. I could have gotten there in the dark.

So I'm feeling a lot more positive about accepting closing assignments to Florissant. I'm more familiar with the roads than before, and I have the peace of mind that I have a GPS to get me there. If you have a need for a closer in Florissant, Colorado, give me a call. I'll be glad to go there.

________________________________

This is County Road 1 (CR1) -- the road that I took. If you're on Highway 24, you'll see the Thunderbird Bar & Grill -- a landmark that you can't miss. That's where to make the turn if you want to visit the Florissant Fossil Beds National Monument.

I could have also taken Lower Twin Rocks Road. Perhaps I'll do that someday when I'm feeling a bit more adventurous.

eSigning: Mortgage loan closings for the Digital Age

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Fri, 10 Apr 2009 06:58:44 -0500

During the closing I had last night in Colorado Springs, one of the borrowers asked me, 'What is the advantage to doing it this way?'

He was referring to the fact that he, his wife, and I were sitting at their dining room table, viewing the loan documents on my laptop computer. My Palm Treo was tethered to it serving as a modem.

I explained to him the many advantages of an eSigning (electronic closing), although he was able to see for himself once the closing was completed.

Imagine being able to sign more than 25 pages of closing documents -- simultaneously -- with the click of a mouse. That is one of the advantages of an eSign closing. Mortgage loan closings are going electronic. Paper documents are giving way to digital documents.

Instead of 'Sign here. Initial here.', it's 'Click there.'

After all of the digital documents had been signed with an electronic signature, I entered my name into the system as the notary third party closer verifying that all of the documents had been signed electronically by the borrowers. A message appeared on the screen stating that the closing was successful. I then transferred the copies of the digital documents in PDF format from my laptop computer to a CD-ROM and gave it to the borrowers.

For more information about eSign closings, visit the section on my website: E-Signing: Mobile Notary Services for Colorado.

There is a link to the AmTrust Mortgage Banking website where you can view a video demonstration of how all of this works.

________________

I have a closing today in Florissant, Colorado. It's not an eSign closing, but while I'm in Florissant I'll use the opportunity to do some tests and see if it's possible to do an eSigning in that location. An eSign closing is dependent on being able to access the internet.

Where is Elizabeth?

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Sat, 04 Apr 2009 15:26:54 -0500

I got a call last week to do a closing. It would be in a place in Colorado that I had never been to before. The first thing that came to my mind was:

Where is Elizabeth?

No, Elizabeth is not my personal assistant who helps me with scheduling my closing assignments, etc. Elizabeth is the name of a small Colorado town in Elbert county. It's a little more than 50 miles from Colorado Springs -- about a one-hour drive.

One of the things that I like about being a notary signing agent is that I have opportunities to visit places in Colorado that I would otherwise not go to. I thrive on the challenges that getting to some of these places presents.

My job as a notary signing agent has taken me high up in the mountains, and far out on the eastern plains. I actually look forward to getting closing assignments to places I've never been or heard of.

And in the future, if anyone asks me, 'Where is Elizabeth?', ... I'll know.

split signing: when you can't be together

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Sat, 07 Mar 2009 15:53:50 -0600

Question: My wife and I are in the process of getting a divorce. We have a document that needs to be notarized, and it needs both of our signatures. Is there some way that we can get it notarized without having to appear before a notary together?

Answer: You will both have to appear before a notary to get the signatures notarized. However, you don't have to appear before a notary together. You don't even need to be in the same city.

This is referred to as a 'split signing'.

For example, Signer A appears before a notary in Colorado Springs to have her signature notarized on the document. She sends it to Signer B who is living in Fort Collins. Signer B takes the document to a notary and has his signature notarized. The document has been signed by both parties and their signatures have been notarized. They never saw each other the entire time.

Split signings can be done for many reasons. In a real estate transaction, the wife may be in one state while her husband is in another state on business. The wife can sign the loan documents, then have them overnighted to her husband to be signed.

Another reason for a split signing is if two people need to sign a document, but they work at different times and can't appear together before a notary. I once did a closing like that. I took the loan documents to the husband in the morning and had him sign them. Then later that evening I brought the documents to the wife to have her sign them.

When two people need to have their signatures notarized, and simply can't appear together before a notary, a split signing is a solution.

You want status? I'll give you status. ...

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Sat, 07 Mar 2009 10:39:38 -0600

But don't expect it 'immediately' after the closing.

Yesterday was a hectic day for me, and it's not even the end of the month. I got a call to do a notarization at a law office around noon.

While I was at the law office, I got 2 calls to do closings -- one for 3:30 p.m. and the other for 7:00 p.m. I already had a closing scheduled for 5:30 pm.

First I had to download and print all of the documents for the 3 closings. Then the fun began.

The 3:30 closing was in the north end of Colorado Springs.

After that, I had to get to the next closing which would be in Fountain -- south of Colorado Springs. After that one was completed, I drove out to Falcon for the final closing.

There was no time in between to do anything. I was either in a closing, or in a rush to get to another closing. I finally had a chance at around 9:30 p.m. to get on the websites and give status, do the required fax backs for one of the closings, ... etc.

It's Saturday, so I'll be delivering the loan documents to the UPS Store and FedEx Kinkos, because I can't just drop them in a drop box. It seems like the job never ends.

It's hard for companies to understand that notary signing agents have days like this. It isn't as if we have just one closing, and we can devote all of our time and attention to just one company. We're doing several closings, for several different companies. And we don't want to be late for any of the closings because we had to take the time to fax back documents, log on to a website, ... etc.

But they will get the status. Just be patient.

At around 10 p.m. I had faxed all of the documents, logged on to the websites to give a completion report, made the necessary phone calls, ... etc.

You want status? I'll give you status. ...

It'll just take a while.

What does it take to be a NSA?

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Sat, 07 Mar 2009 09:19:35 -0600

A person decides they want to become a notary signing agent. Earn some extra cash. Ride out the rough road in the economy.

Why not? There aren't that many barriers into this profession.

So they do what it takes to become a notary public. Then they take a one-day seminar on how to become a notary signing agent. They even pass the exam to become a 'certified' notary signing agent. After that they buy all of the equipment necessary. They get listed on all of the major notary sites so that they can get calls to do closing assignments.

They have everything it takes to be a notary signing agent. Right?

Perhaps they do -- if they have that one main element that all notary signing agents need to be successful in this business:

... the right 'temperament'.

Why is having the right temperament so important in this profession?

For starters, you'll be working with people. A lot of people. Some of these people you will be working with face to face, such as the borrowers whose closings you will be doing. And they come in all types, and from all walks of life. Some will be cordial and polite. Even grateful to you. But you will also come across people who are rude, inconsiderate, crass, ... etc. You'll need skin as thick as a rhino's.

And you will be working with a lot of people whom you may never see. These are the people who will be calling you to do the closings. These are the people you'll be reporting to, the ones you'll be relying on to pay you, ... etc.

Speaking of getting paid. That's one of the biggest issues in this business.

You'll need a lot of patience. You'll also need a lot of tenacity, if you want to get paid. They don't teach tenacity in the training classes.

Whoever said that being a notary signing agent is a 'work from home' business was wrong. You'll be working from home alright -- other people's homes. A lot of other people's homes. So you'll be doing a lot of driving.

At times it will be enough to drive you crazy.

It's not a glamorous life.

Although you will be required to dress business casual, you'll often feel like jeans and a hard hat are more appropriate. Not all closings are done in an office. They are wherever it is convenient for the borrower.

Convenient can be anywhere.

Patience and understanding will be required. Not everything goes according to plan. You'll have a closing scheduled for 6 p.m. You'll have to leave at 5:30 in order to get to the closing on time. The loan documents might not be sent to you until 5:30 -- if at all. Delays, revisions, cancellations, ...

'Stuff happens'. Get used to it.

Patience is also necessary because, not all of the borrowers are going to simply 'sign here'. Many of them will want to take their time and read. And read. Just one word from you might be enough to push them over the edge. Because they want to take their time, ... and read. A closing that you thought would take 45 minutes might end up taking an hour and 45 minutes. You have another closing to get to, and you're going to be late if you don't do something. What you do in times like this are things that you can't learn. Every person is different. So as a notary signing agent you too will need to read -- read people, that is.

It's a people business. Everything revolves around people. The best education, the best equipment, tech savvy, business savvy, ... it's all useless if you don't have that one important element:

... the right temperament.

Good luck.

Signature by mark: uses and misuses

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Tue, 24 Feb 2009 18:14:52 -0600

Occasionally I will get a request from a borrower to notarize a document for them that is not part of the closing documents. No problem. I do it at no extra charge. I had such a request last night. It was actually for the borrower's mother.

First I completed the closing. Then I offered to notarize the document. It was a Quitclaim Deed. There was a problem though. The borrower's mother would have to sign with a mark, since she was unable to sign her name.

That itself is not a problem. A signature by mark can be used to sign a document (CRS 12-55-110.5).

The problem was that the borrower's mother has Alzheimer's, and was not fully aware of what she was signing.

A signature by mark is acceptable if a person has a physical limitation that prevents them from signing their name. But I couldn't accept it if the person doesn't understand what they are signing.

P.S. With more than 100 pages of loan documents to sign at closing, there are a lot of borrowers who would prefer to sign with a mark.

Sorry.

Refusal of notary service

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Mon, 23 Feb 2009 09:50:48 -0600

I did something last week that I have never done as a notary public -- I refused to notarize for someone.

Refusing notary service is a serious matter. Notaries face the possibility of discrimination lawsuits for refusing to notarize if they don't have due cause.

But first, there is a difference between a notary refusing to notarize someone's signature, and turning someone down because the request for notarization was made when the notary was unavailable, or because the notary does not work on Sundays.

There is no law that says that notaries have to make themselves available 24 hours a day, 7 days a week. At least not in Colorado. And there is no law that says that a notary has to travel to someone to provide notary service. And if a notary is sitting in a restaurant, having dinner with the family, they don't have to get up from the table and respond to a call for notary service at that moment. A notary has every right to decline service.

Then there are the unlawful notarizations for which a notary can refuse service. And there can be many reasons. For example, if a person does not have sufficient identification, and cannot be properly identified.

Another reason a notary can refuse to notarize is if the person is mentally impaired and doesn't understand what they are signing.

This was my reason for refusing notary service.

I got a call last week to go to an assisted living center to notarize a Power of Attorney. The son was there with his mother. She was the one who would sign the Power of Attorney. She had acceptable identification. I recorded it in my notary journal. Then I had her sign the journal. This is when I began to suspect that there might be a problem. She was unable to sign her name without coaching from her son. He was basically telling her how to sign. After she signed my journal I asked her a simple question:

'Do you know what type of document you are signing?'

I sensed that her son had been rehearsing this with her because he had to give her cues. After some coaxing she was able to say that it was a Power of Attorney, but didn't know what it was for. The son made several attempts to get her to remember why she was signing it, but it was in vain. He asked me if there was anything I could do to get her to sign. That was out of the question. A notary is not supposed to try to pursuade someone to sign a document.

It was at this point that I turned to him and apologized. I told him that I could not notarize his mother's signature on the Power of Attorney. He seemed to be prepared for that response. He told me that he understood. Perhaps he went through this scenario with a different notary. He offered to pay me for traveling there and for the time spent, but I didn't accept it.

I felt bad that I had to refuse to notarize for someone. But I knew that I had no other choice. If she had signed the Power of Attorney, she would have signed her name to a document which she didn't understand. And if the Power of Attorney was abused in any way, I would have been responsible.

Refusal of notary service. It's not something that a notary ever wants to do. But sometimes it's something that a notary has to do.

Notary ink stamp, or embosser?

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Sun, 22 Feb 2009 14:56:02 -0600

I got a call this morning from someone in Colorado Springs requesting mobile notary service. It's Sunday and they didn't know where else to turn. They needed a letter notarized, authorizing the release of a vehicle that was impounded. The vehicle was in a different state.

It was a simple, hand-written letter. But with a notary certificate and notary seal on it, it was what this person needed to get the vehicle released, according to the agency requesting it.

Colorado notary law permits notaries to use either an ink stamp or an embosser (CRS 12-55-112), so I have both. I keep them in a locked box. I always ask the customer if the document has to be faxed. If it does, then the recipient of the fax will need to be able to see the notary seal. This letter would need to be faxed, so I used an ink stamp for the notarization. It's possible to still use an embosser by inking the impression. However using an ink stamp eliminates the need to do that.

Many people prefer the embosser because it looks more 'official', and it's more traditional. A lot of people don't realize that Colorado notaries can use an ink stamp. Some are even a bit leery, wondering if the stamp is legitimate.

In Colorado, both are acceptable -- ink seal, or embosser.

P.S. The person asked me if the letter was sufficent. I told him that I cannot answer that. As a notary, I may not assist other persons in drafting or completing a document. Nor can I tell a person what document they need, or advise them as to the legal sufficiency of a document. (CRS 12-55-110)

Putting my notary stamp into 'early retirement'

Leon Austin, Colorado Springs Mobile Notary (Mobile Notary Services) — Mon, 16 Feb 2009 07:49:59 -0600

In the topic: Statement of Information: beginning, middle, or end?, I mentioned that I prefer to put this document at the very end. Mostly because it's time consuming, and I can use that time for reviewing the loan documents.

But there are certain documents that should be at the very beginning, and not at the end. For example, the HUD Settlement Statement. Apart from that, I pretty much leave the documents in the stacking order.

However, there are others documents, apart from the settlement statement, that I prefer to have near the top, and get them out of the way -- notarized documents.

The flow of the signing goes smoother if all of the 'swearing and stamping' is gotten out of the way.

And it allows me to put my notary stamp back in my bag -- into 'early retirement'.

Good luck