The First Name Notary Law

I meet a lot of people as a notary. Very few of them are notaries. Some, fortunately very few; proclaim themselves as experts on notary law and procedures. Of the more comical are the signing related personnel who have the (fictitious) power to authorize backdating. Others have told me it’s OK for me to notarize someone who has no ID, because “they are an honest person”.

Today I met a yet another self styled expert on notary law. They advised me of “The First Name Notary Law” – of which I was not familiar. There were several commercial documents to be signed, as on the signature line by “Eddie Hallibull”. Everyone knew Eddie, and he briefly “flashed” his New Jersey driver license – commenting on how nice a picture it contained.

It was unusual for someone to “flash” their ID, normally people hand me their driver license. Not having seen much more than the picture, I asked for Mr. Hallibull to hand the license to me. I then noticed that the name on the license was Eddy Hallibull, not Eddie Hallibull. “There seems to be a spelling error on the signature line”, I mentioned to the office administrator. That is when I learned of the “First Name Notary Law”. I did ask the affiant “what is your legal name – as on your birth certificate, and have you legally changed your name”. He replied his legal name was Eddy Hallibull, and he prefers Eddie; but never had a legal name change.

“Oh, it’s OK for you to notarize the first name as Eddie”, sayeth the office admin. “But it’s not the same as on the license”, I replied. The admin then relayed to me that she “frequently” ran into notaries who were not familiar with the “First Name Notary Law”. She lamented that she often had problems with this lack of notary training. Perplexed, I first asked if the admin was a notary. “No”, but I do know the applicable law, was the reply.

Intrigued, I asked for a complete explanation of this glaring oversight in my knowledge. I was taught the relevance of phonetic pronunciation to notarization. Prior to going into the details let me go on record that the explanation that follows is pure hogwash and total rubbish; and has no relevance whatsoever to proper notary procedures. That said, the office administrator offered the following reasoning why it would be perfectly proper for me to proceed with the notarization.

Mr. Kenneth-A-Edelstein.com – what we have here are variations in the first name that are spoken exactly the same way. Eddy is spoken the same way as Eddie. They are equivalents; both spoken and legally. If Mr. Hallibull were being sworn in, in a courtroom, there would be no way to tell which spelling was being sworn to. Don’t you see my point? Both are the same! As they are pronounced the same; they are legally equal and either may be used at any time; both are interchangeable as it’s impossible to tell, when spoken; which variation is being used.
I brought up the subject of the words “there” and “their” and asked, though they are spoken the same way if they were “interchangeable”.

Somewhat taken aback by my “counterlogic” – I was told that the analogy is inappropriate to the subject at hand. “What we are discussing is the First Name Law”, not the “finer” points of spelling and grammar. So much for logical counter arguments.

Somewhat stunned by this manifest display of twisted logic, it took me a few moments to recover. It was obvious the office administrator had given this utter baloney to notaries in the past; lamentably, with some measure of success! I said that the best I could do was to notarize the Eddy “variation” – and promised to research the “First Name Notary Law”; vowing to return and redo the notarizations at no charge – if I could find the appropriate legal citation/law.

After completing the notarization (legally) I did ask the admin if she had the business card that I presented upon arrival. It was handed to me. I made a great display of reviewing the documents, saying that I was checking for the slightest flaw or improper date, etc. During that time I deftly pocketed my business card. As I had refused to accept “Eddie” – I doubt if they will be calling me again. To be more honest; make that I hope they will never call again.

The lesson to be learned: Always fill in the notary section – with the ID in hand. Never complete the name in the notary section based on how it is preprinted on the document. You use the ID to establish the name of the person signing – don’t let spelling “changes” either typos or deliberate – cause you to enter the wrong name in the notary section. It is definitely your responsibility to get the legal name in the notary section. It would be a lame defense to say “that’s the way they had it on the signature line of the document”.

notary 24×7 365 day Notary Service Defined

Many who advertise 24×7-365 have an answering machine which often directs you to call some other number – often, especially late at night; you get another answering machine. Worse still, both of the answering machines give a “sales pitch” – and claim “someone will get back to you “shortly”. http://newyorkmobilenotarypublic.com provides services during non-standard hours – and I do not have an answering machine. The sole exception is when my cell phone is in use, then standard voice mail kicks in… I actually answer all calls – and some of them occur very early in the new day! I sleep with the cell bedside – and answer if it wakes me – which is most of the time.

Similar to an emergency locksmith service, no one is actually “on duty” 24×7 – 365; there is just not enough volume during “off hours” to warrant staffing. However, I do provide emergency services at all times – without a maze of numbers for you to call. Being retired, having no children in the house and being blessed with an understanding wife helps immeasurably. Most notarizations are not emergency rush during the wee hours, they are scheduled – and processed during my 10AM to 10PM basic working day. Often, when I do receive a genuine emergency situation the comment is: “I made many calls – you’re the first person who actually answered the phone – Thank You – I have a problem”.

Most people understand that early AM service is available at a premium. It requires the provider to wake up (actually the call took care of that!), dress, gather the necessary supplies, get the car out – and go to the client to solve the problem. http://kenneth-a-edelstein.com and many other “off hour” providers consider the assignment as starting from the time of the call to the time of returning. The lost sleep can never be recovered. Nobody is willing to be woken at 4AM and go to a client location for the same fee they would charge at 4PM.

It would be easy to “answering machine” the “off hour” calls. But, I prefer to be available, personally – to assist. The problems are often genuine emergencies with a notary needed immediately. Most times the issue could have been taken care of during the business day, but something was not ready, someone is taking a plane; or most commonly, it was forgotten – and is needed ASAP! I write this to inform you that I do not seek such situations; but am willing – for a premium – to be available. It is much more cost effective for you to plan your notary services for normal business hours. However, I really do try to provide support 24×7 – if the phone wakes me up!

The Signing from Heaven

The call comes in when you have nothing on your calendar. It’s for signing about 5 miles from your home. You notice that it’s from a very highly rated title company that you have been trying to link with for years. They are very exclusive about who they hire. They have several highly pro-notary policies. They always pay their notaries in full, as long as you did not make any errors. It does not matter if it “closes” or not. If the borrower refuses to sign or rescinds; they consider only the work that you did. Their standard pay is $150 and the docs are always shipped to you at least 3 days prior to the signing date. The appointment is usually set 5 days prior.

When the docs arrive, (they ship them to you), you examine them closely. You notice that they took the time to accurately fill in the venue section with both the correct state and county where the signing will take place. There is no lengthy “Statement of Information”; only a request for a copy the signer’s IDs – and the borrowers are requested to sign the photocopy of their ID. The package is sent in a single PDF which includes the return airbill. The date of the signing has been set; however you are requested to arrange with the borrower a mutually convenient time for the actual signing. They respect and trust their notaries and your check is included in the shipment.

You arrive at the signing location, with a nearby parking spot; to be greeted warmly. After introductions, they serve coffee and cookies on a spacious and well lighted table. They confirm that they have previously received and reviewed their “borrower copy” directly from the title company. They mention a mistake was found and provide you with a sealed FedEx envelope that they say contains, directly from title (the shipper’s address), a new HUD; to replace the one you brought. They inform you that you will also find in the envelope a note from the loan officer authorizing the document “swap”. You notice on the table the borrowers have prepared copies of their driver’s licenses and have placed the originals on top of the photocopies.

As you examine the IDs you notice that there are no sounds in the room. The TV is off, there are no children anywhere in sight; nor are any animals in the room. The borrowers tell you they have examined the entire package, and with the sole exception of needing a new HUD; they are ready to sign. Moreso, they request that you only present to them documents that need signatures, and that you “turn the page” on documents that do not need any signatures. When you reach the first page to be signed you notice that the spelling on the IDs exactly matches the spelling on the documents from the lending institution and title / escrow.

Processing the 87 page document set proceeds at a rapid pace. They sign using a neat clear full signature exactly as printed “under the line”. The borrowers have no questions, but do mention that they allocated a full hour to sign the documents. Half way thru the documents you are brought a refill of very excellent coffee, and a few more cookies. Towards the end of the document set the borrowers compliment you on your punctuality and mention their desire to send a complimentary letter on your behalf. After all the documents are signed, and the oath given; they mention a future need for a traveling notary and request your card. They notice the FedEx airbill/envelope and express appreciation that you will be handling the actual shipping of the package back for them.

Smiles and handshakes are followed by a last piece of cookie and final sip of that superb coffee.

Dear reader of this post regarding “The Signing from Heaven”;

The last line of this post

can be found in a song by The “Bonzo Dog Doo Dah Band” specifically, the song title is: “I’m The Urban Spaceman”. Please find the lyrics – you will have to do a bit of hunting, to find the last 3 words of my post regarding “The Signing from Heaven”; which are also the last 3 words of that song.

http://kenneth-a-edelstein.com

The Notary Signing Agent “Loan Closing” – Process, Preparation & Pitfalls

Perhaps it would be best to cover the events, from the desire for a mortgage, or re-finance, to funding; chronologically, as the timeline is the only common aspect. The borrower completes a Loan Application (more on the importance of this later), and numerous other documents. These are usually signed at the location of the Lending Institution (bank), in the presence of the Loan Officer (LO). Once approved by the bank, the processing becomes very interesting indeed.

The LO’s bank will lend money to the borrower based on the Mortgage as collateral for the loan. Banks do not like to take any risk whatsoever. What if the borrower does not have “clear title” to the property? To protect the bank, the bank requires the borrower to pay for “Title Insurance” issued by a “Title Co.”. So the next step is for the LO to contact a Title Co. to arrange for the insurance. Note that from this point forward the Title Co. “calls the shots”; as the Title Co. is the only party taking “risk”. If they do not issue the necessary insurance, there is no loan.

Eventually, after the loan has been approved, and the Title Insurance has been approved – usually about 2-3 weeks after the Loan Application; the stage is set for the actual processing of the paperwork. Various documents must be notarized, and it is the role of the Notary Public to check the ID’s of affiants on notarized documents; and there will be many! The mortgage is always notarized; and frequently two copies are processed; in case the messenger sent to record the mortgage at the local county clerk’s office loses it on the way. That actually does happen.

At this point the documents, typically from 80 to 125 pages are computer generated and ready for the Notary Signing Agent to bring to the borrower. But first a qualified NSA must be selected. As it is the Title Co. who is most interested in proper completion of the paperwork, they take on a leadership role to get the documents signed by the borrowers. But, not wanting to actually deal with, or have to select notaries, they often use a Signing Service (SS) to actually choose the notary.

At this point the Signing Agent gets a call asking if they are available to be at so and so location at such and such a time. If not, they call the next agent on their list. If it works for the agent’s schedule, they negotiate a fee. That fee is based on the requirements to process the Loan Package. Variables include the number of pages, the distance to the borrower, time of day (extra for me to be there at 7AM on Sunday), etc. Also discussed are how and when the package is to be sent to the Signing Agent – overnight, usually via FedEx or E-mail. The latter has usually has an additional fee. Once an agreement is reached, the Signing Service, on behalf of the Title Company sends a “work order” to the Signing Agent.

Now the ball is in the Notary Signing Agent’s court. Everyone who did anything prior to this point is depending on the NSA to get the borrower’s signatures and initials completely, and to do the requisite notarizations accurately. The NSA must also make sure any “non borrowing spouse” is present to sign docs as required by state law. There is much for the NSA to do. First the borrower must be called to confirm the “work order” as to contact information and address and to verify the scheduled time of meeting; and that all will bring proper ID to the table. Next, the NSA must receive and print two sets of the loan documents (borrower copy and bank copy). A good NSA will explain what will take place at the “signing” and remind the borrower to have their photo ID (and a copy to submit) ready for the meeting. A really good NSA will ask the borrower what name is on their ID, as the property “vesting” name sometimes differs from the name on the borrower’s ID. If so, the NSA contacts the Signing Service to get the documents corrected, or the borrower finds appropriate ID matching the documents.

Finally, usually with barely enough time to print and drive; the E-doc is received and two sets printed. If there is adequate time after printing, some NSA’s like to pre-notarize the documents so they are able to devote their full attention to the signing process. Map in hand, GPS programmed, hoping the traffic is light; the NSA departs for the scheduled meeting with the borrower. A good NSA always uses a GPS to find the borrower’s location and does not get lost in the process. After dark jobs usually require a powerful flashlight to see house numbers in residential neighborhoods.

The NSA shows their ID and requests the ID of the borrower(s). Then, the page by page completion of the documents begins. A single flaw, omission, or unreadable date (usually by the borrower) will often result in a complete re-draw of everything. The experienced NSA knows to “swap a page” from the borrower’s copy to allow a redo of a page with an error. The process usually takes about an hour, depending on the size of the Loan Package, how much the borrower wishes to read, and the amount of information to be entered. Often the borrower has questions and “attempts” to contact the LO. If, as is sometimes the case; the borrower receives the package directly, days prior to the Notaries arrival; they are expected to read it and ask their LO any questions. But, some borrowers want to ask questions of the Notary Signing Agent.

Title Co.’s and Signing Services tell the NSA to “explain the documents, but do not give legal advice”. It’s a really fine line between the two. Most NSA’s choose the side of caution and only define terms and assist the borrower to find documents with desired information (the interest rate, the APR, the pre-payment penalty). At this time, the computer generated replacement for the original hand written Loan Application is signed. This is one of the most important documents. It is on this document that the borrower has made claims about their credit worthiness, salary, etc. Any false statement on this document would allow the Lending Institution to demand the loan be paid in full immediately! Also, many of the numbers on this document will be wrong – because time has passed since it was originally signed – some debts shown will be higher or lower.

Having been on several thousand signings the environmental aspects of the borrower’s premises are worthy of comment. They range from a well lit kitchen table in an air-conditioned room – to, and I am not making this up – a fruit fly infested room where the borrower pursues his hobby of “naturally” raising Iguanas! There are many other pitfalls. In New York the Notary is mandated to only use black ink; but Pinellas County, Florida will not record a mortgage unless all signatures are in blue ink! I have been asked several times (verbally, of course), to “backdate” my notarization date, as the papers have expired (borrower out of town, rate lock expired, etc.). In New York that is called Forgery, a class D Felony – worthy of seven years in prison!

Finally the documents are signed and notarized, the borrower given the Notary Oath – and it’s off to FedEx to ship the documents to the Title Company. Well, not exactly. First some documents must be faxed, (lots of them if it will fund same day); and an airbill very carefully prepared. Phone calls must be made to report success or failure “at the table”, and an invoice prepared. At last all is ready and the papers are handed off to FedEx.

Although the borrower thinks the “closing” has been completed – it actually has not even started. If I was a true “closing agent” – I would have a checkbook and be able to write the check on the spot. It used to be done that way many years ago. Now, the papers are received by the Title Company and they review them for errors. If their included documents, often called “junk docs” (because they tend to be 4th generation Xerox copies), are completed and notarized correctly they approve issuance of the Title Insurance and pass the paperwork to the Lending Institution. At that time the papers are again reviewed, this time the review is for the papers that originated from the bank. The bank, with the knowledge of Title Insurance approval; will at last do the real “Closing” – which allows for issuance of the check that the borrower has been seeking.

Thus, the Notary Signing Agent is an integral part of the process. Important documents are notarized to assure the validity of the signatures. No system is perfect. A notary can be fooled with a good forgery. So can a State Trooper, with a phony Driver’s License. But, the bulk of the impersonation potential is filtered at the source by the NSA’s diligence in pursuing valid ID and using their stamp and embosser on documents. Borrowers like to sign papers in the comfort of their own home/office – at their convenience. The licensed and professional notary, though a part of the system that caused the recent mortgage “melt down” disaster; was never a causative factor. If not for the diligence of professional notaries pursuing the NSA craft, things would have been much, much worse.
http://kenneth-a-edelstein.com

Notarization 101 what you need to Know

I have often in my blog lamented partial notarizations, especially when the notary only stamps and signs the document. This installment from http://kenneth-a-edelstein.com will cover in detail the proper format for a notarization done in New York State. Procedures and rules will vary from state to state, but most of the essentials are probably the same. I will cover the format from the top down, as it should appear on the page. Minor variations are acceptable; the definitive rules from New York State are available on the Notary Laws and procedures page of my web site.

Generally at the beginning of the document is the Venue, it may also appear later at the start of the notary section. The venue tells the location where the notarization was performed. It has nothing to do with the property address, as in the case of a mortgage. It is “related” to the notary’s stamp – more on that later. The Venue usually consists of two lines. The first, for me, is “State of New York”, as I can only notarize in New York State. The second is “County of ____” – this is the county where the document was signed and the oath was given. Both entries are required and often overlooked. Next, generally, is the body of the document which may be a mortgage, power of attorney or affidavit. At the end of the body of the document is the signature of the affiant. It’s a best practice to have the name printed under the signature line.

After the body of the document is the “Notary Section” – the venue may be here if not at the start of the document. After the venue is the statement by the notary. It tells what type of service the notary provided. The two main services are “Sworn to and subscribed before me” and “This instrument was Acknowledged before me”. In the former, the notary is saying that (s)he actually witnessed the signature. In the latter, the notary is saying that (s)he asked the affiant if (s)he signed the document and received a positive reply. Of course, in both cases, the affiant is required to show positive identification. The notary should add the name of the affiant and the date to whichever format, described above, is used.

After the notary statement is the signature of the notary. There is usually an area for “My Commission expires __________”, whereby the notary states the end date of the current notary commission. In New York State, all entries by the notary are required to be in black ink. After the signature, the notary will stamp their information. That stamp has their name, the statement “Notary Public, State of New York”, their commission number, the county where the notary is qualified and their commission expiration date. It’s required for the notary to use an embosser when a document might be used in a Federal Court, a different state, out of the country, or is required by the Uniform Commercial Code. As a http://newyorkmobilenotarypublic.com I consider it a best practice to always emboss every notarization I perform.
 

New York City has The Hardest Birth Certificate to Obtain

It would probably be easier to take bars of gold out of Fort Knox. For me, representing you as a New York Mobile Notary Public to quickly obtain your New York Birth Certificate requires your exacting attention to detail. First, and this must be very clearly understood: Only the “short form” that does Not qualify for an Apostille is delivered “over the counter”. The “long form” – the one with the Letter of Exemplification is Only sent by mail. I will relate the difficulty by retelling events that occurred today. The lady needed her NYC birth certificate in a hurry, or she would forfeit a prepaid vacation cruise.

I ask my clients to very carefully prepare a shipment to me with the necessary: signed application form, notarized permission form, signed copy of ID, and shipping information including phone number; required for the airbill. I always caution clients that all signatures must match exactly, repeat exactly, the signature that appears on the copy of ID. However, my client did not sign correctly on the notarized authorization and the application was refused. But only partially! I also ask for 2 “official documents” showing the client’s address. What qualifies are phone bills, electric bills, bank statements, etc. One of her document was over 60 days old and it was also rejected! It took a while – but she managed to FAX to the Bureau of Vital Records a new and more current document. Finally her Birth Certificate was printed and put in the pre-addressed FedEx envelope – but it would not be handed to me, they said they would ship it that day.

Ken Edelstein has processed many requests for NYC Birth Certificates. But, none was from a more frantic and tearful client. She was literally sobbing at the initial rejection; and it took my Psychology background to calm her down, and get the project back on track. The Birth Certificate office is a very busy place – at all hours. Waits in line to get to the window are literally measured in hours. There is no shortcut if you need same day service. A practical alternative is the on-line service called Vital Check; but results don’t arrive for a few weeks. Note that Vital Check is the best alternative if Apostille processing is necessary. If you need the Letter of Exemplification, be sure to select “Apostille” when asked for the “use” or “purpose” of your request.

As your agent with your notarized letter of authorization, I face an extra processing delay. With the assumption that your signature on that document Exactly matches your signature on the copy of the ID you submitted; they do some additional checking. They then contact the licensing authority for the notary on your letter of authorization to verify that the signature and commission of the notary you used are valid! More delay, and much more time in a chaotic and noisy office with many people upset at the long wait; and some Really upset at having their application rejected. So, be forewarned – each and every item I mention for you to prepare is vital to the acceptance of the request I submit on your behalf. I try to “get it in hand” so I can ship it myself, but if all the paperwork is not perfect, especially your signature on the notarized form matching Exactly the signature on the copy of your photo ID – often the only option is to depend on them to ship; and hope that they get it out the same day.

Get the right Apostille

An Apostille is basically an addition to a notarized (or officially issued) document – to make the item acceptable in countries other than the country of issue. The Apostille bearing document is generally of a “personal” nature; as opposed to business documents. Personal documents include Birth, Death, Marriage, and Divorce certificates. Also considered personal are affidavits, statements of fact; created by individuals for various purposes. Business documents include, but are certainly not limited to: Statements of Incorporation, business contracts, and powers of attorney for business transactions. A personal power of attorney is generally considered a personal document. As a New York Mobile Notary Public – I process both types.

Personal documents for use outside the USA generally only require an Apostille. Business documents generally require Legalization at Consulate or Embassy. Article 12 of The Hague, regarding the international use of documents – is specifically for personal documents. That agreement among nations was intended to reduce the need for the more costly and time consuming Legalization procedure. However, often a step in the Legalization procedure is obtaining an Apostille prior to bringing the document to the Embassy or Consulate.

There are two “types” of Apostilles issued. For signatory nations to Article 12, the document issued is titled “Apostille”. For non-signatory nations; China and Canada are examples, the document issued is titled “Certification”. Both the “Apostille” and the “Certification” are loosely referred to as being an “Apostille”. They serve the same function precisely. However, the word “Apostille” at the top of the page is only intended for use in signatory nations. Signatory nations both issue and receive the “Apostille” at the top of the page. Non-signatory nations issue and receive the word “Certification” at the top of the page. It’s a minor technicality, but the proper format is necessary for acceptance by the target country of use.

Kenneth A Edelstein has obtained, over the past decade, thousands of each type. Now you understand why I must ask “What is the target country of use”. The Department of State – prior to issuing the “Apostille” asks the same question. Based on the answer, they look up the “signatory status” – and issue the appropriate format. Note that although there are two formats – each format is not tied to a specific country. An “Apostille” bearing document is acceptable in England or Italy; but not intended for use in Canada or China. The reverse is also true. A “Certification” bearing document is not intended for England or Italy; but is right for Canada or China. If you tell me the correct country of use; you may get an “Apostille”, or you may get a “Certification”. Both formats function in exactly the same manner.
 

Why you do not need me as your Mobile Notary Public

You have a sense of adventure and a longing for travel. You like to visit banks and pharmacies hunting for the elusive Notary Public. Similar to a Postal Worker, neither wind, nor rain, nor gloom of night deters you from your quest. You know they are “out there” somewhere – and feel they eagerly await your arrival and documents. You have heard stories about how selective the bank’s notaries can be; having strict instructions from their employer about what to not process. Ever confident in your personal charm, you are certain that, no matter how many or what they are; the local notary once found is certain to process your documents.

You are aware there has to be a difference in the skills of a professional, such as the service provided by Kenneth A. Edelstein compared to a part time practitioner. However, you’re feeling lucky – and have confidence that the harried bank clerk or pharmacist will do what you need – correctly. As an alternative you are considering calling your sister’s cousin’s aunt. She was a notary many years ago, and perhaps she has maintained her commission and will graciously invite you over; you do recall that she made the most wonderful chocolate chip cookies. You’re not a very private person; it really does not matter to you that your notary co-worker learns about your plans for cryogenic storage, so you can be awakened sometime in the future when your ailment can be cured.

You have lots of time on your hands. Sure, it might take you an hour or two to actually find a notary; but you really don’t have anything better to do. Some exercise walking the streets will do you a world of good and you get a chance to see the neighborhood and meet the shopkeepers. Having a high tolerance for rejection, the constant deferrals: “The notary is not in now”, “This is not the best time”, “I don’t handle that type of document”, “It’s in Bulgarian – so I can’t notarize it”; are seen as challenges to overcome.

It’s a point of pride with you to get the absolute lowest price in every transaction. You have heard that the County Clerk’s in New York State notarize for free as a public service. The time and expense of using the subway, bus or car; are to be ignored. The same applies to the metal detector’s line, and the line for notary services. You are willing to go several times as you are aware they limit the quantity per person. The goal of lowest price is irresistible – you research becoming a notary and doing it for yourself; but become dismayed when you learn that such activity is illegal. Ignoring your cell minutes, you call three dozen mobile notary services – to find a free one. Eventually you find the New York Mobile Notary Public web site and learn about the pitfalls and dangers of improper notarizations. You begin to see the light and think about the ramifications of your document being processed improperly.

The Notary brought Flowers

Everyone who deals with the public runs into strange situations, notaries are not an exception. Naturally, the names are omitted; but the events are accurately portrayed. I get a call from a young lady lawyer with an estate settlement “holdup”. One of the witnesses to the signing of the 12 year old will was notarized improperly. The Probate Court is insisting on a notarized statement from that witness; in effect – re-notarizing her signature. Of course the notarization date is “in the present” – but the witness, alas “doesn’t want to be bothered”.

Not being an attorney, I don’t know the ins and outs of proper protocol in “encouraging” a witness to permit re-notarization. I left those details to my client, the lady lawyer. She sent the witness two expensive bottles of Kosher wine. http://kenneth-a-edelstein.com would have liked them as my fee! They arrived the night prior to my appointment to meet with the elusive witness. Naturally, I made sure she was sober and able to understand both the affidavit and my notary oath. But I am getting a bit ahead of myself. When I met with the lady lawyer (my client) she handed me two dozen roses to deliver to the reticent affiant.

Prior to my involvement in this “case” – both the lady lawyer and the witness had exchanged some unpleasant words. “You have to go see her without me”, said the attorney – handing me the roses for the witness. I told the attorney that I would be making my “dual roles” quite clear to the witness. When the witness answered the door, I said I was both a “flower delivery person” and a notary public! As a http://newyorkmobilenotarypublic.com that certainly was a first. The witness, somewhat bemused, with the two bottles of Kosher wine on her table from last night’s delivery; invited me in. “Let’s get this silly thing over as quickly as possible”, she requested as she handed me her driver’s license.

The witness reads the affidavit, signs it and answers positive to my notary oath. Mission accomplished! While the affiant arranges the roses in a suitable container – I complete the notary section, using both stamp and embosser. I double check the document very carefully, mindful that this visit cost my client wine, flowers and my fee. All is in order, no possibility of the slightest flaw. I thank the witness for her time and leave with the notarized document. The lady lawyer is munching on a bagel at the corner café. She practically cheers when I signal “thumbs up” when I spot her. “Have some breakfast and tell me all about it”, she insists. There was little to tell – the notarization went smoothly. The only “odd” part was the reason for the affiant’s hurry. She said her dog had a “past due” appointment with a fire hydrant!

Identity Theft and your Notary

Notaries process a great number of personal documents. It is rare for the notary to have a need to read your document. The notary is there to notarize the signature. However, some documents require examination by the notary. One example is with vital records (birth, marriage, divorce and death certificates), when it is the notary who is making a statement about a copy. Some states allow the notary to certify a copy; some, such as New York, do not. As a http://newyorkmobilenotarypublic.com – I do not read client documents, unless legally necessary or to verify that a document is suitable for further processing – as in the case of obtaining an Apostille.

But, sometimes the notary receives a large email of documents, loan documents are the classic case. If the document signing does not take place – what is the disposition of the paperwork. I generally return ship (if permitted) all unused documents to the sender. Often they will request I shred them. As part of my notary equipment, I have a rather large and powerful “crosscut” shredder which reduces paper to confetti – impossible to reconstruct. Check the notary’s web site carefully. Do they provide a name and exact address, or do they omit telling you who they are and their address? My site provides a great amount of information about me; in addition to useful information related to the functions and procedures relating to various aspects of notary processing.

A published privacy policy should be part of any web site – describing what information is retained and the purpose and use of that information. You should also look for “flat links” – images of the logo for organizations, but without being “clickable” to the specific membership entry of the notary. Anything done to deceive you should be a warning flag, and your signal to “move on”. It is illegal for me to have a “fee sharing” arrangement with an attorney, so it is my policy to not suggest any specific attorney. I use PayPal for processing credit card payments as I refuse to ever see credit card numbers or security codes.

http://kenneth-a-edelstein.com has occasionally received calls from title companies asking if I have a “file copy” of the signed mortgage; because they somehow misplaced their copy. Sorry, I do not maintain copies of any documents that I process. You should also take precautions regarding security of your documents. Never throw personal documents in the trash without shredding them. “Mining” the trash can is a favorite source for identity thieves – as a minimum makes sure any sensitive information is obliterated. In New York State, notaries are sworn and commissioned officers of the state, who must follow strict rules. However, there are few rules regarding proper processing of client information. Study web sites carefully – when in doubt call and speak to the person in charge; prior to entering personal information. It’s vital that your personal information be treated with respect and a high degree of confidentiality.