CAREER-ENDING NOTARY MISTAKES - National Notary Association
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
IN THIS ISSUE
15 Electronic Seals, eSignatures
March 2020
And Digital Certificates
18 Notary Moonlighting: Meeting
The Challenges
20 5 Things To Check Before The
Signer Leaves
CAREER-ENDING
NOTARY MISTAKES
Shine
at the Notary event of
June 7–10
Talking Stick Resort
is Scottsdale’s ultimate destination for
entertainment; located just minutes from the
Scottsdale Fashion Square Mall, as well as
many boutiques, museums and galleries in
Old Town Scottsdale. From its breathtaking
views of the Sonoran Desert, to its Vegas-
style live entertainment and championship
golf courses onsite, opportunity awaits
for you at every corner.
Hear from dynamic presenters.
Network with industry peers.
Learn about new opportunities.
Expand your Notary skill set.
the year!
Educational workshops
to expand your horizons
• Develop the skills to tackle any notarization
with ease along with hands-on exercises
•D
iscover the advantages of becoming an
electronic/online Notary in your state
•L
earn what it takes to turn lost
business around
•E
xamine the steps to complete an
electronic notarization
•F
amiliarize yourself with the
latest in productivity software
And much more!
Hurry! Register before June 8 to save Register today!
Book now and take advantage of our full conference registration NationalNotary.org/NNA2020
price of $825 for NNA members*. This rate will increase on June 8. (844) 4NNA-CONF
*N on-member price is $920.
#NNA2020
Vol. LXIV, No. 2, March 2020 Magazine
Published by the National Notary Association
MILT VALERA Chairman
THOMAS A. HEYMANN
THOMAS A. HEYMANN President and Chief Executive Officer Executive Publisher
DEBORAH M. THAW Vice Chair and Executive Vice President PHILLIP BROWNE
Editor and Content Director
ROB CLARKE DAVE STEPHENSON MAGGIE SOLDANO
Vice President and Vice President and Creative Director
Chief Financial Officer Chief Information/Technology Officer
THOMAS HAYDEN
JULIE HERTEL WILLIAM A. ANDERSON Advertising Director
Vice President, Human Resources Vice President, Government Affairs
MICHAEL LEWIS
Managing Editor
THOMAS K. HAYDEN STEVEN BASTIAN
Vice President, Marketing Vice President, Product Management DAVID S. THUN
Associate Editor
CHRIS STURDIVANT PHILLIP BROWNE
Vice President, Business Development Vice President, Communications SHERYL TURNER
Associate Editor
KAT GARCIA
Content Strategist
OUR MISSION NNA® HOTLINE (888) 876-0827 CINDY MEDRANO
The National Notary Association is com- Hotline@NationalNotary.org Senior Social Media Specialist
mitted to the education and service of Monday–Friday 5 a.m.–7 p.m.
Notaries throughout the United States. As Saturday 5 a.m.–5 p.m. DANIEL LAVENTURE
Graphic Designer
the foremost authority on the American Bitly.com/NNAHotline
Notary office, we are dedicated to impart- Answers to your questions about JAN BRATSLAVSKY
ing knowledge, understanding and unity notarization Graphic Designer
among all Notaries, and instilling in them
AUSTIN ANDERSON
the highest ethical standards of conduct CUSTOMER CARE (800) 876-6827 Contributing Designer
and sound notarial practice. Services@NationalNotary.org
NationalNotary.org VANESSA SANTANA
Production Supervisor
Service on membership, supplies,
insurance, training YANCY LUNA
Production Coordinator
OUR CORE VALUES TRUSTED NOTARY (877) 876-0827
The National Notary Association serves AMY LUZETSKI
TrustedNotary@NationalNotary.org Traffic Coordinator
its membership by promoting five NationalNotary.org/Business
essential core values that empower and Supplies, training, insurance and
protect Notaries when they assume their MILT VALERA
compliance programs for businesses Founding Editor and Publisher
responsibilities of the office and perform
their official notarial acts. SIGNING PROFESSIONALS
Our Core Values of Membership promote: SIGNINGAGENT.COM 9350 De Soto Avenue
(800) 876-6827 Chatsworth, CA 91311
• Compliance with state laws
and regulations For mortgage finance companies (800) US NOTARY
seeking a qualified professional to (800) 876-6827
• Liability Protection for Notaries,
facilitate loan signings NationalNotary.org
signers and employers
• Risk Management to reduce NATIONAL NOTARY FOUNDATION (818) 739-4000
fraud and identity crimes Bitly.com/NNFoundation (818) 700-1942 fax
•
Professionalism with reliability, Make a difference in philanthropic causes
competence and integrity Publications@NationalNotary.org
• Opportunities to increase SOCIAL MEDIA NationalNotary.org/Bulletin
earning potential NationalNotary.org/SocialMedia Article submissions, feedback, letters
The National Notary (ISSN 0894-7872), March 2020 Vol. LXIV, No. 2, is published bimonthly by the National Notary Association, 9350 De Soto Ave., Chatsworth, CA 91311, a non-profit organi-
zation, to educate Notaries about the legal, ethical and technical facets of performing notarial acts and to instill in them a sense of self-respect and professional pride in their important role of
public servant. • ALL RIGHTS RESERVED. Reproduction in whole or in part without the express written permission of the publisher is prohibited. • SUBSCRIPTION to all NNA members in the
United States and its possessions comes out of their $59 annual dues. International subscriptions are $76 annually. Six dollars of membership dues are designated for a one-year subscription
to the publications. • For address changes, send new and old addresses including ZIP code, suite or apartment number, and mailing label, if possible, to the NNA. PERIODICALS POSTAGE paid
at Chatsworth, CA, and at additional mailing offices. • POSTMASTERS: Please send address changes to Customer Service, 9350 De Soto Ave., P.O. Box 2402, Chatsworth, CA 91313-2402.
THE NATIONAL NOTARY
4 MARCH 2020
TABLE OF CONTENTS FEATURES
15
Understanding Notary
Technology: Electronic
Seals, eSignatures And
Digital Certificates
David Thun
Notaries in many states are now
authorized to perform their duties
electronically or even through remote
online communication. But to do so,
they often require new and unfamiliar
COVER STORY technology tools such as electronic
seals, electronic signatures and digital
10 certificates. In this article, we’ll
explain the difference between eSeals,
4 Career-Ending Notary Mistakes eSignatures and digital certificates
and show how Notaries obtain and use
Kelly Rush them for paperless notarizations.
Many Notaries mistakenly assume that they have nothing to worry about
when notarizing, even if they make mistakes. But certain mistakes are
grave enough to cost a Notary’s career. The bad news is that sometimes it’s 18
the most harmless-seeming errors that carry the harshest consequences, as Notary Moonlighting:
seen in these real-life stories. The good news is that it only takes a few simple
preventative steps to stay out of trouble.
Meeting The Challenges
Kelly Rush
12 I mportant Ways To Protect Your Notary Full-time office jobs come with perks
Commission such as steady paychecks, set hours
and consistent expectations. But
13 R
esources To Turn To When You Need many people want or need to add a
side gig to bring in extra income. Office
Notarization Help
Notaries are uniquely positioned to
13 H
ow Keeping A Journal Protects You
do that, because they can use their
commissions to get notarization
assignments outside work.
DEPARTMENTS
20
Things To Check Before
The Signer Leaves
YOUR COMMUNIT Y 6
David Thun
ASSOCIATION NEWS 8 When you complete a notarization,
YOUR WORLD 9 checking to make sure all necessary
steps have been completed before the
BEYOND THE BASICS 23 signer leaves your presence is a wise
precaution. This infographic lists 5
HOTLINE 24
important things you should verify
NOTARY ESSENTIALS 26 before parting ways with the signer.
THE NATIONAL NOTARY
MARCH 2020 5
YOUR COMMUNITY
Welcome Back To Our Channel
WE REVAMPED AND ADDED
new content to our YouTube
channel and Notaries have
shared their positive feed-
back and video suggestions.
Share your video ideas
with us.
“So glad to have found
these videos. Makes me
feel more confident that I
can become a Notary!”
Kenya, Fort Worth, TX
“I would like to see videos
on online notarizations
and digital closings. I hear
many companies are steer-
ing in that direction now.”
LaToya Campbell-Davis,
Texas City, TX
“I’d like to see a mock loan
signing, from beginning
to end.”
Miranda Davis,
Clinton Township, MI
Trending Community Read – Sign And Thrive
SIGN AND THRIVE, WRITTEN BY BILL “I highly recommend this read if
Soroka, has been well received by the you are not already a Sign & Thrive
Notary community. Many Notaries student! It’s a solid intro to the world
even mentioned reading it twice since of loan signing and a great tool for
it was published. Here’s what your those who are looking to take it up a
peers are saying: level (or two).”
Joe Lopez, Detroit, MI
“Great book and highly recommend!”
Den Penamo, San Antonio, TX “Bill Soroka, thank you for providing for
“Just started reading it. After 32 us, this great read!! He really means it,
if you can’t afford to pay for the online
years as a mobile Notary and Signing
course, then purchase this book.”
Agent, I thought that I could always
Miranda Davis, Clinton Township, MI
learn something new or correct what
I’ve been doing incorrectly. Louisi- “I got myself Kindle Unlimited for
ana Civil Law is a lot different than Christmas and this is the first book
all the other states.” that I bought!!”
Rebecca Adams, Morgan City, LA Sammi Kay, Colorado Springs, CO
THE NATIONAL NOTARY
6 MARCH 2020
COMMENTS, THOUGHTS AND SHARES FROM THE NNA’S SOCIAL MEDIA COMMUNITY
Join our online
Beware Of Impostors communities and
HAVE YOU EVER CAUGHT A SIGNER using interact with the
a fake ID? Although the situation may not NNA and Notaries
arise often, Notaries shared their encoun- everywhere!
ters with fake IDs. Has this ever happened
to you at the signing table? facebook.com/
“The front of the DL looked like a normal nationalnotary
TX State ID, but when I flipped it over it
was blank. He told me the back, including
the magnet strip, peeled off.” linkedin.com/
Clyde Heppner, Kansas City, MO company/
“I had a re-fi assignment at 11:30 p.m. with national-notary-
association
the owner of a restaurant, at the restau-
rant. His wife was the ‘non-borrowing
spouse.’ When directed to a table to begin
the closing, I told the borrower I would twitter.com/
need photo IDs for both. He reached into nationalnotary
his pocket and took out two DLs; his and
his wife’s. I asked where his wife was and lawyer who immediately walked into the
he said ‘in the kitchen cleaning up.’ I asked room and berated me about not providing instagram.com/
him to call her to the table. Upon arrival, service to a client. I still refused. Months nationalnotary
she looked nothing like her picture. I asked later I read in the news that the guy and
her what her DOB was: wrong answer. I a relative had been arrested for fraud
asked her current address: wrong answer. I and other crimes. Thank goodness I held pinterest.com/
packed up and left.” strong. I did get a sincere apology from the nationalnotary
Robert Colapietro, Westport, CT lawyer, which was nice (though at the time
“The license number did not have enough he had me shaking in my boots because he
digits, so I knew it was fake. I refused to was a powerful partner and I was a junior youtube.com/
notarize the document. The guy was really paralegal / Notary).” nationalnotary
upset and walked down the hall to his Susan Dworak, San Jose, CA
yelp.com/biz/
national-notary-
Serving Your Community association-
chatsworth
WE WANT TO SHOWCASE
you during the 2020
Conference. We’re looking
for Notaries who are shining
in their communities
through everyday Notary
work or volunteering!
Please send your photos
to social@nationalnotary.
org with the subject line
“Serving My Community”
to be featured.
THE NATIONAL NOTARY
MARCH 2020 7
ASSOCIATION NEWS
Membership Benefits At A Glance Workshops Set
Members-only savings
For NNA 2020
• Downloadable Notary Certificate Forms NEW NOTARIES AND
veteran Notaries alike are
• Member-Exclusive Discounts up to 20%
looking forward to attending
• Instant Savings with Partner Program the NNA’s annual Confer-
• NNA Conference Discount ence, “Shine,” in Scottsdale,
Arizona this June. The four-
Expert support day event brings Notaries
• NNA Hotline, answers via phone together from coast to coast
or email for an engaging educational
experience. More than 40
• The National Notary magazine
workshops are scheduled,
THE REDESIGNED NNA MEMBERSHIP WEB • Monthly Member Newsletter and the presenters include
PAGE makes it easier than ever for you to • The Notary Bulletin Notaries, business owners,
understand all of your member benefits. Department of Homeland
NNA membership provides expert support, Professional privileges Security officials and other
professional privileges and advantages • New Law Alert Emails professionals. You won’t
exclusive to Notaries and Notary Signing • NNA Member Badge want to miss these sessions:
Agents — all designed to help you stay
• U.S. Notary Reference Manual • The Complete How-to
informed, save time and money, promote Guide for Notaries
your services and remain lawfully compliant. • How-To Guides
• Life as a Remote Online
When you aim to be the best Notary there View your benefits information at Notary: Tips from a Pro 2.0
can be, these tools will help get you there: NationalNotary.org/membership.
• Behind the Scenes Tips
for Form I-9 Compliance
• Notary Horror Stories
NSA Success And Growth Book Bundles • Preventing Fraud as a
Remote Online Notary
WHETHER YOU’RE A NEW NSA OR A is also included so you’ll know the profes-
seasoned pro, reaching new clients and sional standards expected when you’re hired • Additional Income Oppor-
marketing your services can be a challenge. for a loan signing. tunities: Field Inspection
We frequently get questions asking for advice Work for Notaries
The Notary Signing Agent’s Loan Docu-
about getting started, building or expanding
ments Sourcebook is a must-have resource Attending Conference is
your business, and how to market your ser- your best opportunity
for every NSA. The 572-page Sourcebook
vices without breaking the bank. To answer to network with other
contains sample loan packages for the most
these questions, and many more, we’re Notaries and get the latest
common real estate transactions: pur-
offering a trio of business books that directly information on the top-
chases, sales, refinances, reverse mortgages,
address the various challenges NSAs often ics that impact you, like
home equity lines of credit, and commercial
encounter along the way. Remote Online Notariza-
deals. Each sample has a detailed explana-
The Q & A Success Handbook for Notary tion (RON) technology.
tion of the loan type and highlights each Join 500 of your fellow
Signing Agents includes more than 100 ques-
document that requires notarization. Notaries to learn more
tions asked by actual NSAs via thousands
of phone calls, webinars and conversations Sign & Thrive: How to Make Six-Figures As about RON, building your
at NNA conferences. The Handbook is a Mobile Notary and Loan Signing Agent business and much more.
organized into four sections: Starting Out, takes you on the author’s journey transi- Workshop information and
Preparing for the Signing, Carrying Out the tioning from a Notary making a limited other Conference offerings
Signing, and Closing Out the Signing. The income into a successful mobile Notary are available at National-
Signing Agents’ Code of Professional Conduct and loan signing agent. Notary.org/NNA2020.
THE NATIONAL NOTARY
8 MARCH 2020
YOUR WORLD
Be Careful Writing ‘2020’ When Notarizing A Frozen
REMEMBERING TO WRITE Body And
the correct date when a
new year starts is chal-
A Notarized
lenging. This year, Notaries Note
must take additional care
because writing the short IT ISN’T OFTEN THAT A
decade old notarization
form of “2020” on certifi-
makes headlines. But that’s
cate dates could potentially
just what happened when
leave a document vulner-
police in Toole, Utah, found
able to backdating.
the body of an elderly man
Many people typically in a freezer late last year.
shorten the year when
Police were called to the
writing out dates, such as abbreviating “February 12, 2019” as “2-12-19.” Notaries contacted
home of a 75-year-old
the NNA this month to point out that if the year 2020 is shortened to just “20” when
woman who passed away
dating Notary certificate wording, an unscrupulous person could write in additional of natural causes, accord-
numbers later to alter the date of notarization. For example, the date “4-28-20” could be ing to media reports. When
backdated by adding the number 17 at the end, changing the date to “4-28-2017.” they looked through the
To avoid potential tampering, the safest course is to write out the full year as “2020” house, they found the body
when completing Notary certificates or any other important records such as your jour- of the woman’s husband in
nal entries. a freezer along with a nota-
rized note written by the
husband in December 2008
2019 A Boom Year For Mortgage Industry saying that his wife was not
responsible for his death.
2019 WAS A BOOM YEAR FOR THE MORT- A big reason for the strong performance Investigators believe the
was a robust refinance segment. The MBA man died a few months
GAGE industry, with the lenders tallying
estimates that refi activity totaled nearly later. He had been diag-
more than $2 trillion in total residential loan
$800 billion. nosed with a terminal
volume (see chart below), according to the
illness, and detectives are
Mortgage Bankers Association. This is the While the forecast for 2020 is slightly less
investigating whether gov-
best performance since 2006 — good news rosy, the market has been outperforming
ernment benefits continued
for Notary Signing Agents. the industry association’s forecasts for years.
after his death.
Detectives tracked down
2020 the Notary, who explained
1.91
that she merely stamped
2019
2.07 and signed the note without
1.61
reading it.
1.71
2018
1.56
1.89
2017
1.38
1.63
2016
1.2
Actual
1.68
2015 Forecast
1.61
0.0 0.5 1.0 1.5 2.0 2.5
Trillions U.S. Dollars Source: Mortgage Bankers Association
THE NATIONAL NOTARY
MARCH 2020 9
CAREER-ENDING
NOTARY MISTAKES
By Kelly Rush
N
OTARY CAREERS ARE A LOT LIKE RELATIONSHIPS — THEY NEED CARE
and consideration to thrive, and basic rules must be followed to avoid serious
complications, or even failure. Whether self-employed or working for someone
else, many Notaries mistakenly assume that they have nothing to worry about
when performing their duties. But certain mistakes are grave enough that they can cost a
Notary their career.
THE NATIONAL NOTARY
10 MARCH 2020As impartial, trusted public servants, you are expected convicted and sentenced to prison terms, but the authori-
to perform your duties with care, respond to all lawful ties were not done.
requests without discrimination, take care to protect your The Notary was instrumental in helping a couple fraudu-
seal and journal, and never overstep your bounds by offer- lently steal four homes out from under their true owners,
ing advice or counsel you are not qualified to dispense. You according to news reports. As a result, the Notary was
are expected to be honest, keep private matters private indicted on four counts of tampering with records, accord-
while disclosing what’s public, and always be conscien- ing to the Hamilton County Clerk of Courts. Her case was
tious and diligent. still pending when The National Notary went to press.
This is true whether you perform notarizations occasion- Besides facing criminal charges and the embarrassment
ally, or every day. Even a seemingly inconsequential mis- of public censure and news reports, she no longer is a
take, such as a favor for a friend, can be devastating. Notary. According to the Ohio Secretary of State’s office,
To illustrate the point, here are four real-life cases where the commission, which was valid through 2023, is listed
Notaries faced serious consequences, such as facing jail as inactive/resigned. So a woman who started a mobile
time, losing careers and being named in six-figure lawsuits Notary business has now lost that business and is facing
due to easily avoidable mistakes. possible criminal penalties.
In some cases, Notaries made what Failing to require signers to be
seemed at first to be very small present at the notarization is the
errors — such as accepting a photo “Tiny little things can number one claim of misconduct
of an ID instead of the real ID,
but they all resulted in significant
come back and not against Notaries. This case demon-
strates why such a transgression
fallout. In other cases, Notaries only end the Notary’s is so serious. Had the Notary not
were accused of fraud and know-
ingly participating in schemes that
career but ... put them allowed herself to be “convinced”
to do something she knew was not
were illegal. into bankruptcy,” right, she’d still be in business, and
It doesn’t take that much effort to the deed fraud scheme potentially
— Kim McPartland, claims examiner for
stay on the right side of the law. may have been thwarted.
Merchants Bonding Company
Notaries who follow protocol, keep The case also underscores how
up to date on new laws and regula- much power rests in any notariza-
tions, avoid shortcuts and refrain tion. Notarized signatures on a
from offering improper advice will live in territory that’s deed is proof to a county recorder’s office that the forged
about as safe as one could reasonably expect. signatures are real.
Don’t Give In To Pressure Dishonesty Never Pays
A Cincinnati, Ohio, mobile Notary got a call one day from While the Cincinnati Notary landed in trouble for one bad
a couple needing some documents notarized. The appoint- act, a North Carolina attorney committed a series of mis-
ment turned out to be in a parking lot. The couple brought deeds, including two involving Notary misconduct.
deeds transferring ownership of four area homes to them,
In one instance, according to a North Carolina State Bar
and they wanted the signature of the current homeowners
notarized. There was just one problem: none of the home- Association disciplinary order, the attorney, who also was
owners were present. a Notary, served as the administrator of a deceased man’s
estate. As part of her duties, she submitted a document
The Notary later admitted to a local reporter that the
to the local court purportedly signed by all three heirs to
couple “convinced” her to notarize the deeds despite the
the estate granting permission to sell property. All the
absent signers. If the Notary thought that was it, she was
signatures were notarized by the attorney. However, one of
mistaken.
the heirs did not sign the document, and therefore had not
With the notarized deeds in hand, the couple filed them agreed to the sale.
with the Hamilton County Auditor’s Office. Because they
were notarized, the auditor’s office accepted them at face In another instance, the attorney was preparing an estate
value, and the properties were transferred to the couple, plan for a client that required a title transfer of property
according to local media reports. It turned out that none of held jointly by the client and her husband. The attorney
the homeowners had signed the deeds transferring their notarized the signatures on the relevant documents with-
property. It was all a scam to steal their homes. out the client and her husband being present.
When the scam was discovered, the police came knock- The attorney was disbarred, ordered to relinquish her
ing on the Notary’s door. The couple were eventually law license and required to pay the costs of her own
THE NATIONAL NOTARY
MARCH 2020 11disciplinary hearing, according to the demonstrate that she prioritized her Whatever reason the attorney had
state bar association’s disciplinary own convenience and expediency over for breaking the rules, she lost her
order. She also was convicted of two the integrity of the judicial process. license to practice law and earned
misdemeanor charges of performing “When an attorney knowingly sub- herself a criminal record.
a notarial act without the principal mits a forged and falsely notarized
appearing. (In a statement to local
Protect Yourself Against
document to the court, it causes
media, the attorney claimed her significant harm to the profession
Impostors
mistakes were innocent, and said she The next case involves one of a Nota-
and the administration of justice,” the
was appealing the disbarment.) order added. “Here, Defendant's know- ry’s most essential duties: verifying
the identity of signers.
In this instance, a California Notary
was asked to notarize the signa-
ture on a deed of trust. The signer
A Notary can't know which mistakes will be didn’t have an actual ID, but instead
harmless and which will result in serious harm. presented a grainy photocopy of an
ID card. The Notary accepted it and
completed the notarization, only to
discover later that the signer was
an impostor, said Kim McPartland,
The disciplinary order specifically claims examiner for Merchants
ing submission of the falsely nota-
calls out her refusal to take respon- Bonding Company, which provides
rized Petition and Consent Judgment
sibility for her actions, her refusal bond and E&O services for the
caused significant potential harm… by
to explain who she is and who she National Notary Association.
causing the court to order the sale of
represents, and her lack of care in the land when there was no legal or The title company sued the Notary
following basic procedure, which all factual basis upon which to do so.” for $180,000, McPartland said, and
undermine trust. he was held partly liable because he
The essence of a Notary’s role is to
“Defendant has engaged in a pattern relied on a photocopy of an ID card
“serve all of the public in an honest,
of intentionally dishonest conduct fair and impartial manner,” notes instead of requiring the actual ID.
across numerous different con- the first Guiding Principle of The The Notary’s attorney ended up
texts,” the order noted, adding later, Notary Public Code of Professional settling for just $25,000, but even
“Defendant’s acts of notary fraud Responsibility. that amount could have done serious
3 Important Ways To Protect Your Notary Commission
ay ‘no’ to improper requests. You have a duty to refuse improper or potentially illegal notarization
1. S
requests. If someone asks you to break the rules, such as forgoing requiring the signer to personally
appear before you or ignoring proper identification requirements, stand firm and say “no.”
e cautious of friends and family members. Many Notaries have been tricked into enabling document
2. B
fraud by a friend or family member. It’s all too common, for example, for a close friend to ask a Notary to
notarize an absent spouse’s signature on financial documents because the spouse was “busy.” Only later
does the Notary find out the friend is divorcing the spouse and needed the notarized document to steal
the spouse’s money or property. Never agree to an improper or illegal act no matter what kind of rela-
tionship you have with the person making the request.
3. If something seems wrong or suspicious, stop the notarization and contact someone for help
immediately — not afterward. The worst possible time to ask if something is wrong is after you’ve com-
pleted the notarization. By then, it’s too late because the damage has already been done. If something
seems suspicious about a notarization request, stop the notarization immediately and contact a trusted
source of guidance such as your state Notary agency or the NNA Notary Hotline. n
THE NATIONAL NOTARY
12 MARCH 2020damage to the Notary’s business and hadn’t had errors and omissions
his career. “Had the Notary not had
an errors and omissions policy, we
insurance, she would have been on
the hook for the settlement amount
Where To Go For
couldn’t have helped with attorney’s and attorneys’ fees.
Guidance
fees or the settlement amount; the If you encounter a suspicious
“Tiny little things can come back
Notary would have been responsible notarization and aren’t sure if
and not only end the Notary’s career
for bearing significant costs on his you should proceed, there are
but potentially put them into bank-
own,” McPartland said. resources available to help you:
ruptcy,” McPartland said. “Ninety
Don’t Ignore The Details percent of these cases come down to Your State Notary Agency
This last case is an example of how the fact that the Notary did not do Many state Notary regulating
even the missing a small detail could the job correctly or did not have a agencies can answer ques-
lead to serious consequences. journal to help with their defense.” tions from Notaries, including
whether a notarization can be
It involves another California Sometimes small mistakes are just
performed or not. A list of state
Notary who was handling a signing that — mistakes no one notices
Notary websites is available at
for a real estate transaction. Under or cares about and which have no
bitly.com/statenotarysites.
California law, Notaries are required consequences, but in the real world,
a Notary can’t know which mistakes The NNA Notary Hotline
to obtain a thumbprint from signers
will be harmless and which will NNA members with notariza-
for any real estate-related docu-
result in serious harm to signers, tion questions can contact the
ment. Only the Notary failed to get a
financial institutions and others. NNA Notary Hotline for help.
thumbprint for this signer, who was
If you aren’t an NNA member,
an impostor and pulling a scam. If you follow all the basic require-
you can contact the Hotline
ments of your office, consistently
The title company sued the Notary and have one complementary
maintain high standards, remain
claiming that if she had obtained question answered. Please see
impartial and never cut corners,
the thumbprint, the title company this page for Hotline infor-
you’ll stay on the right side of the law
would have been able to trace the mation: nationalnotary.org/
and hang on to your commission.
imposter’s true identity. The law- membership/Hotline.
suit sought $250,000 in damages, Going the extra step might seem
The ‘U.S. Notary Reference
McPartland said. Merchants settled unnecessary, but it sure beats prison
Manual’
with the title company on the Nota- terms, public censure and a loss of
The U.S. Notary Reference
ry’s behalf for $50,000. If the Notary a career. n
Manual is available to NNA
members as a membership
benefit. It can be downloaded
by logging into your member
account.
How Keeping A Notary Journal Protects You ‘The Notary Public Code Of
A well-kept Notary journal is one of the best ways to protect yourself against Professional Responsibility’
disciplinary action or lawsuits. Here’s why: If you encounter a situation
•A
detailed journal entry provides valuable information about the particulars that isn’t directly addressed
of a notarization after the event. If a claim is made involving a notariza- by your state laws, The
tion you performed, it is almost impossible to provide details from memory Notary Public Code Of Profes-
alone. A good journal entry ensures you will have that information ready if sional Responsibility provides
you need it. ethical guidelines to help you
• If you are accused of improperly performing a notarization, such as failing to find the best response. The
properly identify a signer, information in a journal can be used as evidence Code is available for down-
in your favor. For example, if a journal entry includes details about the type load as a PDF at bitly.com/
of identification used by the signer, it contradicts any claim that the Notary notarypubliccode. n
failed to correctly verify the signer’s identity.
•L
egal experts recommend maintaining a detailed Notary journal because
doing so demonstrates in court that a Notary is meticulous and professional.
A judge or jury is not likely to be impressed by a Notary who fails to keep a
journal or keeps sloppy records. n
THE NATIONAL NOTARY
MARCH 2020 13Build Your Career Library
with NNA book bundles for aspiring and
working Notary Signing Agents.
Both collections feature our most popular NSA titles created to
help you take charge of career opportunities to come.
NSA Success & NSA Success
Growth Bundle Bundle
Satisfy your entrepreneurial Gain insight and confidence
drive and propel your in conducting loan signings to
business from the ground up. cultivate new revenue streams.
$72 A $91 value. Get
all three books $61 A $73 value. Buy
both books together
and save 20%. and save 15%!
To order, visit NationalNotary.org/NSAbookbundles.
Can’tTHE
decide?
NATIONALCall 1-800-876-6827 to learn more.
NOTARY
14 MARCH 2020UNDERSTANDING
NOTARY TECHNOLOGY:
ELECTRONIC SEALS,
ESIGNATURES AND
DIGITAL CERTIFICATES
By David Thun
N
OTARIZATION USED TO BE SIMPLE: THE SIGNER APPEARS BEFORE
the Notary with a signed paper document; the Notary identifies the signer; the
Notary completes the notarization, signs with an ink pen and affixes a physical
seal impression.
It’s not that simple anymore. and signer to interact remotely while hundreds or even
Today, Notaries in many states are authorized to notarize thousands of miles apart.
electronic documents, sign with a signature pad or by As technology plays an increasingly important role in
clicking a button on a computer screen. Notarizations can notarizations, many states are requiring Notaries to obtain
not only be done without paper (aka “In Person Electronic and use electronic signatures, electronic seals and digital
Notarizations” or “iPEN”), but states permitting remote certificates in order to perform iPENs or RONs. But if you
online notarization (aka “RON”) even authorize the Notary aren’t deeply versed in tech-speak, understanding what
THE NATIONAL NOTARY
MARCH 2020 15these different tools do, how to use them and how to make same function as the Notary’s handwritten signature. An
sure they comply with your state’s Notary laws can be electronic signature can take many forms — an image of a
extremely confusing. In this article, we’ll look at three handwritten signature affixed to the document, a signa-
tools used for paperless notarizations — electronic seals, ture created by writing on an electronic signing pad or
electronic signatures, and digital certificates — explain even just clicking an “Accept” button on a computer screen.
what they do and answer some of the most confusing “It’s easiest if you think about what Notaries do in the
questions they raise for Notaries. paper world first. The same logic applies to the electronic
Electronic Seals means for performing a notarization,” said Tim Reiniger,
Of these three types of electronic tools, an electronic seal an expert on information governance law and policy and
is perhaps the easiest to understand. Basically, an elec- the director of Timothy Reiniger LLC in Cape Elizabeth,
tronic seal serves the same purpose for electronic docu- Maine. Just as a handwritten signature and physical seal
ments that an ink seal or embosser does for paper — it indicate that a traditional pen and paper notarization was
shows the document was notarized and provides informa- completed and legally establish the genuineness of the
tion about the Notary who did it. underlying document, when an electronic document is
opened, the recipient sees the Notary’s electronic signa-
ture and seal information attached to the document and
knows it can be legally relied upon in court or for govern-
A digital certificate verifies the ment filing purposes.
identity of the Notary and makes However, a significant difference between paper docu-
ments and electronic documents is that it is much easier
the document tamper-evident. for someone to alter an electronic document undetected.
An eDocument’s text can be changed in seconds, and many
people even have the capability to alter, add or remove
Depending on individual state laws, an electronic seal could images from an eDocument easily using software widely
take different forms. It might be an electronic image such available to the public. So how can someone know if a
as a JPEG, PDF or other file format. But in general, the seal notarized electronic document has been tampered with?
must include similar information to a physical seal. When That’s where digital certificates come in.
a notarized electronic document is opened, information Digital Certificates
about the Notary contained in the electronic seal should be Digital certificates are perhaps the most important — and
readily visible to the person viewing the document. most confusing — tool used for electronic notarizations.
“What we specify is that the electronic seal must look A digital certificate doesn’t have a true equivalent in the
virtually the same as a tangible, physical seal when viewing traditional world of paper notarizations.
an electronic document,” said Lori Hamm, Notary Program Despite the name, a digital certificate has nothing to do
Specialist with the Montana Secretary of State’s office. with Notary certificate wording. Though digital certifi-
Hamm added that Montana lawmakers wanted to make cates are sometimes called “digital signatures” they are
sure that anyone viewing a notarized electronic document different from the electronic signatures described above.
could easily see that the document has been notarized.
A digital certificate performs two key functions — it veri-
Just as with traditional seals, a Notary must take steps to fies the identity of the Notary who affixed the electronic
make sure no one else can access and use the electronic signature and seal on the notarized document, and it
seal without the Notary’s knowledge. Some Notaries keep makes the document “tamper-evident.” Once a digital
their eSeal stored on an approved technology platform’s certificate is applied, if anyone attempts to alter the
server accessible only with the correct password. Others document’s contents, the Notary’s electronic signature,
might choose to store the seal on their personal computer’s or the Notary’s electronic seal, the document will clearly
hard drive. However the eSeal is stored, it needs to be indicate to anyone that opens it that changes have been
protected. “Electronic seals follow the same rules and made since the notarization was completed. A digital
guidelines as physical seals in terms of issuing and securing certificate is normally the last tool used when notarizing
them,” Hamm said. an electronic document, after the Notary’s electronic seal
Electronic Signatures and signature are applied.
Just as an electronic seal is the equivalent of a physical “People often think everything related to a document is
ink stamp or embosser, an electronic signature serves the visual, but a digital certificate is not,” said Darcy Mayer,
THE NATIONAL NOTARY
16 MARCH 2020chief technology officer for DocVerify, a remote online access for the Notary,” Mayer said. “Our employees can’t
notarization technology provider. “It’s the cryptographic access or decrypt the files. We take on the responsibility to
portion of a document that’s there, but not visible.” secure it for the Notary.”
Digital certificates are normally issued by a trusted issuing While it’s possible for a Notary to obtain more than one
authority for a limited period of time and must be periodi- digital certificate, Mayer said a single digital certificate can
cally renewed over a period ranging from 1 to 5 years. For
be used across multiple notarization technology plat-
example, digital certificates sold by the NNA are renewed
forms, so it’s simpler and more secure for a Notary to use
either after 1 year or 3 years, which is standard for the ID
only one. Also, some states, such as Texas, require Notaries
technology industry, and meets the requirements for all
to upload their digital certificate to a state web portal so
states that authorize RON.
officials can verify it, and only one digital certificate can be
If a Notary needs a digital certificate to perform iPEN or
associated with each remote Notary commission applica-
RON notarizations, the Notary can obtain a digital certifi-
tion, said Robert Sumners, director of Government Filings
cate directly from the trusted issuing authority. Notaries
with the Texas Secretary of State’s office.
can also obtain digital certificates through authorized
vendors such as the NNA or through remote notarization Remote online notarization is still evolving in many states,
technology providers such as DocVerify, which provides and therefore the requirements for using digital certifi-
and maintains digital certificates for Notaries who use cates and other technology for iPEN or RON may change
their platform to perform remote online notarizations. in the future. But for now, if Notaries have questions they
“In our case, we (DocVerify) take on the onus and maintain can contact the NNA, their state Notary agency or a tech-
the digital certificate securely with password protected nology provider they are signed up with for assistance. n
hctiws
Is that bugging you? It’s an easy fix. Just like it’s an easy switch to GEICO.
National Notary Association members could save even more with a special
discount on auto insurance. When you get a quote, don’t forget to ask about
homeowners, renters or condo insurance, too.
MEMBER DISCOUNT
geico.com • 1-800-368-2734
Some discounts, coverages, payment plans and features are not available in all states, in all GEICO companies, or in all situations. GEICO contracts with various membership entities and other organizations, but these
THE entities do not underwrite
NATIONAL NOTARY the offered insurance
products. Discount amount varies in some states. One group discount applicable per policy. Coverage is individual. In New York a premium reduction may be available. GEICO may not be involved in a formal relationship with each organization;
MARCH however, 17
2020you still may qualify
for a special discount based on your membership, employment or affiliation with those organizations. GEICO is a registered service mark of Government Employees Insurance Company, Washington, DC 20076; a Berkshire Hathaway Inc. subsidiary. © 2019 GEICONOTARY
MOONLIGHTING:
MEETING THE
CHALLENGES
By Kelly Rush
F
ULL-TIME OFFICE JOBS COME WITH A LOT OF PERKS SUCH AS STEADY
paychecks, set hours and consistent expectations. But many people want or
need to add a side gig to bring in extra income and help make ends meet. Office
Notaries are uniquely positioned to do that because they can use their commissions
to get notarization assignments outside work.
In fact, more than 60 percent of office Notaries who “When you’re looking to change, it’s often you that’s your
responded to a recent National Notary Association survey biggest obstacle,” he said. “People make assumptions as to
said they were interested in working as mobile Notaries on what’s possible for them; some people say, ‘I’m too old, or too
the side. However, becoming an independent contractor young.’ Some people think they don’t have enough experi-
outside of regular work hours comes with its own chal- ence.” But these self-imposed barriers are often not tested.
lenges and pitfalls — how do you get started? How do you “Fear and assumptions make up big reasons why people get
balance your day job with your side job? How do you stay in their own way,” he said.
out of trouble? If you’re willing to challenge your assumptions about what
Questions and uncertainty can hold people back from new job options and resources are available, you could
jumping into a potentially positive, lucrative and inspiring create a thriving side business. You never know — it could
new direction, but the fear of the unknown doesn’t have to become your new full-time gig.
stop you, said Richard Alderson, founder of CareerShifters, Side-Gig Basics
a London-based organization dedicated to helping people One common assumption full-time workers make is that
find work they love. their current employer wouldn’t be OK with them starting a
THE NATIONAL NOTARY
18 MARCH 2020business on the side. This one is easy who had set up and run small compa- You could also agree to fewer hours
to test, and better done at the outset, nies successfully. The friend encour- and a reduction in pay; whatever
rather than starting something and aged her to do things that would show works best for you and which you can
just hoping things will work out. potential clients her expertise, such turn into a positive for the company.
Jill Santopietro Panall, founder as speaking at chamber of commerce Santopietro Panall said you need to
and chief consultant at 21Oak HR events or teaching classes. make sure you keep up your perfor-
Consulting based in Boston, said Santopietro Panall also connected with mance at your current gig. “If a side
workers should dig out the employee people who could send business her hustle leaks into your ability to do a
handbook and find out if there’s a way. A lawyer will have the legal end good job, that’s going to show. You don’t
moonlighting or non-compete clause of things handled, but they may need a want to be rushing out of meetings.”
which bans employees from doing the document courier, which is where the If your office culture already lacks
same work for someone else. mobile Notary could come in. Santopi- boundaries, it may be a more difficult
She worked as a Notary at one time for etro Panall works with an employment sell to ask for more personal time, but
a company that paid for her seal and lawyer, and that person has clients then again, if your company doesn’t
to take a class, but they put no bound- who still need HR consulting, which is respect your personal time, it may be
aries on her using it elsewhere because where she steps in. time for a job change anyway, Santopi-
notarizations weren’t their core One of the best ways to develop an etro Panall said.
business. “Anytime you’re competing entrepreneurial mindset is to be Several Notaries who responded to an
with a core business, it’s a problem,” around other people who are already NNA Facebook query on moonlighting
she said. If money is going into your successfully operating in this field, said one of the biggest impediments
pocket, it’s not going into theirs. Alderson said. “You could learn to doing side work is finding the time
She also warned Notaries to be careful through trial and error, but you’ll get to print documents before an assign-
about using company resources to run there a lot faster if you have really ment. Others mentioned going home
the other business. “I see people getting good people around you.” early or doing the side work on days
busted on this all the time,” she said.
Don’t use company email (IT can check
this and prove you conducted outside
business); use your own phone on your “When you’re looking to change,
breaks or personal time; and don’t use
company computers or printers (which
you are often your biggest obstacle.”
is a big one for loan signings that may
be hundreds of pages). — Richard Alderson, founder of CareerShifters
If you’re reasonably sure your new gig
isn’t going to compete, it’s also a good
idea to run things past your boss and Balancing Work And Work when they don’t have to be at work,
then reaffirm their approval in writing Anyone who is trying to integrate a such as weekends.
via email, she said. new venture into their lives is going
The Notaries who experienced the
Marketing And Mentoring to need to open up space and create
most success with side work had only
Once you’ve determined it’s okay boundaries, Alderson said.
a part-time job, instead of full time.
to be working as a mobile Notary Before starting his business, he had a One Notary who is an insurance and
outside business hours, Santopietro conversation with his employer where lender inspector works as an inde-
Panall encouraged Notaries to begin he pitched his request to reconfigure pendent contractor, so she’s in control
marketing by articulating their value his schedule as a positive for the of her schedule and can fit signings
statement — what unique value do company. You could offer to work the
into her calendar.
they bring to the business? Particularly same number of hours, but in four
in saturated fields, a value statement days instead of five. “If you can nego- Another Notary who works at a law
can help you show reasons a client tiate with work, pitch it as a win-win. firm during regular business hours
should choose you over a competitor. Make the argument that you’ll be more does notarizations in the evenings and
When she first started out, Santopietro energized, will do a better job, and have on weekends. “It’s a balancing act, but
Panall had a friend and business coach extra time to do more.” it can be worthwhile,” he wrote. n
THE NATIONAL NOTARY
MARCH 2020 195 THINGS
T
HERE’S NOTHING AS AWKWARD
as finishing a notarization, watching
NOTARIES the signer walk out the door and
SHOULD
then realizing you forgot something.
ALWAYS CHECK This checklist can help you make sure you have
done everything needed to properly complete a
BEFORE THE notarization before the signer departs.
SIGNER LEAVES 1. Is the main body of the document
complete with no blank spaces?
During the notarization, take a quick glance at the
document to confirm there are no blank spaces. To
respect the signer’s privacy, you don’t need to read
through the document in detail, just make sure all
necessary information is filled in before finishing.
2. Is the Notary certificate complete
with no blank spaces?
One of the most common causes of document rejec-
tion is an incomplete Notary certificate. Before
finishing the notarization, review the Notary certif-
icate to make sure you have written in all required
information and there are no missing sections.
THE NATIONAL NOTARY
20 MARCH 20203. Have you proofread the Notary certificate
to make sure it is correct?
If the certificate includes misspelled or incorrect
information, the notarization’s validity could be
questioned or outright rejected. Take a few additional
moments to proofread the certificate to confirm:
• The signer’s name is spelled correctly and
entered in the correct section of the certificate.
4. Are your signature, seal and commission
information correctly affixed and legible?
Make sure that your signature and Notary seal are
• Your name is spelled correctly and entered affixed in the proper section of the Notary certificate,
in the correct section of the certificate. and your seal image is not blurry, smeared or covering
any document text. If you are in a state that requires
you to add your name and commission information to
the certificate, confirm they are correct and that your
name matches your Notary commission as described
in #3 above.
• Your name is written the way it is spelled on
your Notary commission — don’t use nick-
names or abbreviations that don’t match the
commission name!
• The venue (the location where the notariza-
tion takes place) is correctly listed. 5. Do you have all required information or
signatures from the signer for your
journal entry?
Be sure that the signer provides you with any informa-
tion and signatures required for your Notary journal
entry. If they leave without providing you with needed
details, you will be left with an incomplete journal
• The date of the notarization is correct.
entry and little or no chance of fixing it once they leave.
To prevent this situation from happening, the NNA
suggests filling out the journal entry and obtaining any
required journal signatures at the start of the appoint-
ment. This will ensure the signer doesn’t leave before
providing the necessary information. n
THE NATIONAL NOTARY
MARCH 2020 21THE NATIONAL NOTARY 22 MARCH 2020
BEYOND THE BASICS
Three Things You Can’t
Do As A Notary
While a Notary’s role in Not only do many states about the legal effect of document and make its
identifying document sign- prohibit using a Notary their documents, explain contents binding in a court
ers and preventing fraud seal and commission how to complete a docu- of law — for example,
is important, you are not except for authorized nota- ment, or choose the type of asking a Notary to affix a
allowed to use your com- rizations, but people seeing notarization a signer needs seal to a document without
mission to perform certain the ad may falsely assume for a document. While it performing a notarization
services. Here are three that the ad is government- may seem harmless to or completing any certifi-
examples of things you approved because a Notary cate wording.
help a signer with these
cannot do as a Notary: is involved — and that’s
questions, under the law These demands are often
just not true.
Don’t Endorse only a qualified attorney based on the mistaken
Advertisements Only use your Notary or other authorized legal belief that a Notary’s
Notaries are sometimes commission to perform professional is permitted seal or signature by itself
asked to use their seal or authorized acts. In 1977, a to provide this informa- will automatically make
official title to endorse New York Notary certified tion — Notaries cannot. a document legal in a
a product, contest or that blood from the rock court of law regardless of
If a nonattorney acciden-
individual in advertising. band KISS was mixed in its content — but that’s
tally gave a signer wrong
For example, you might be the ink of their promo- not true. Notaries sim-
information that caused
approached by someone tional comic book — an act ply verify the identity of
the signer’s document to
who’s running a sweep- that New York Notaries the signer — a receiving
be rejected, the person
stakes. The person wants aren’t normally allowed to agency is not required
giving the information to accept the validity or
to include your seal and perform. While Notaries
in Washington are autho- could be held liable for any legality of the contents of a
signature in the ad, along
rized to certify that an damages that resulted, document solely based on
with the message “This
event took place or an act along with other penalties. whether it is notarized or
contest is guaranteed by a
was performed, Washing- For example, California includes a Notary seal. The
Notary Public.” Don’t do it.
ton Notaries may only con- Notaries can have their mere presence of a Notary
firm that the occurrence or commissions suspended or seal without a certificate
performance actually took revoked by the Secretary is not a proper notariza-
place — not promote or of State for the unauthor- tion. A Notary should
endorse it in advertising. ized practice of law. never stamp, sign or use
their commission for any
Don’t Offer Don’t Use Your Seal request except notariza-
Unauthorized To Make A Document tions permitted under
Legal Advice Appear ‘Legal’ state law. If you are asked
Many people mistakenly Occasionally, individuals to “legalize” a document by
assume that Notaries have have asked Notaries to performing an improper or
legal know-how and can fulfill improper requests unlawful notarization, you
answer their questions in order to “legalize” a should always refuse.
THE NATIONAL NOTARY
MARCH 2020 23NNA® HOTLINE
Journal Entries, Document Dates,
Split Closings, E&O Insurance
NOTARIES NATIONWIDE date of signing must be the documents, you or another Notary E&O insurance will
rely on the NNA’s Notary same as the date of nota- Notary will add a sepa- not cover errors and/or
Hotline to answer their most rization if the notarial act rate notarial certificate omissions made on them
challenging questions. The being performed is a jurat with their names and the because they don’t involve
following are among the or verification on oath or date the documents were notarial acts. But it will
thousands our Information affirmation because these notarized. cover a mistake you make
Services Team receives acts require the signature in notarizing a mortgage,
Q If I purchase errors and
each month. to be made in the presence deed of trust, or any other
omissions insurance, will it
of the Notary. notarized documents in
Q When entering the cover me as a Notary Pub-
address of the signer in my Q How do you handle a lic and a Signing Agent?
the loan package. A Notary
split closing? Do I have E&O insurance policy will
Notary journal, do I use the D. R., California
to cross out the absent not cover a loss if you fail
home address of the signer,
person’s name on the docu-
A It depends on the to drop off loan docu-
or the business address? policy language. If you
ments or leave them be? ments on time because
C.H., California
have a Notary E&O insur- that duty is performed by
C.C., Michigan
A Since the signer’s ance policy, it will cover you as a Signing Agent,
address is not a required A A “split” signing is one errors and/or omissions not a Notary. However, if
journal entry in California, in which one or more performed when you are you have a Signing Agent
borrowers signing docu- acting as a Notary. Since E&O insurance policy, it
you may enter the address
ments are not present most documents in a loan will have broader cover-
on the signer’s ID or which-
at the same loan signing package are not notarized, age for all of the activities
ever address the signer
appointment. The answer
chooses to provide.
to your question is it
Q Does the date of the doc- depends. Leave the absent
ument have to be the same signers’ signature lines
date as the notarization? blank on all of the docu-
M.C., New York ments; do not cross off
A It depends. “Date of the their name because they
document” can mean many will be signing the docu-
things. It can mean the date ments at a later time or
a document is drafted. It date before you or another
can mean the date a docu- Notary. If the name of all
ment is signed. It can even borrowers are preprinted
mean the future date a in the notarial certificates
document is effective. Gen- (affidavits, mortgage,
erally speaking, the date power of attorney, deed of
a document is drafted or trust, etc.), you will need to
a future date a document cross out the names of the
is effective do not have to signers who are not pres-
be the same as the date of ent before you. Later, when
notarization. However, a the absent borrowers sign
THE NATIONAL NOTARY
24 MARCH 2020You can also read
