#silverlake

Nov 5, 2019
6 min

A Guide To Notary Misconduct Penalties In California

Updated 10-30-19. Making a mistake during a notarization can have serious financial and legal consequences for California Notaries — and deliberately breaking the law leads to even more severe penalties. This guide will help familiarize Notaries with the Golden State’s Notary laws and penalties for misconduct. Penalties For Notary Misconduct In California If a Notary commits misconduct, penalties under California law fall into four main categories: Disciplinary action by the

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Hugo Enriquez

Oct 18, 2019
3 min

May I Use Notary Acknowledgment Wording From Another State?

If a document is being notarized in Texas but will be filed in California, can the Texas Notary use a Texas acknowledgment form, or do they have to use the California acknowledgment form? — S.A., California The Texas Notary does not need to use a California acknowledgment. California Civil Code 1189(b) provides that any document acknowledged in another state will be accepted in the state of California if it is notarized according to the laws of the state in which the notariza

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Hugo Enriquez

Oct 7, 2019
6 min

A Notary’s Legal Battle Over Signing By Signature Stamp

As a Notary, what would you do if a client showed up and wanted to use a signature stamp to sign the document? That is just what happened to an actual Notary who was surprised and unprepared to deal with the situation. The Notary simply allowed the notarization to proceed like any other notarization — except for one detail: The Notary ended up having to defend herself against a million-dollar lawsuit. While the case involved other Notary issues as well, it all started because

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Hugo Enriquez

Oct 1, 2019
5 min

A Notary Mistake Can Be Criminal

It’s an all-too-common occurrence: skipping a step in a notarization. Especially if it doesn’t seem to be important, and you’re dealing with your boss. But it is the kind of situation that should be avoided like the plague because it could land you in more trouble than you want — including possible criminal charges. The case in question involved a Notary who worked for the owner of a business and performed notarizations as part of her job. The owner decided to apply for an ap

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Hugo Enriquez

Sep 23, 2019
4 min

4 Easy Ways To Lose Your Notary Commission

Carelessness and dishonesty are dangerous for Notaries. Negligence can lead to a document being a rejected or a business transaction’s invalidation — or worse. Here are 4 examples of negligence and misconduct that can cost you your Notary commission — temporarily or even permanently. 1. Notarizing Without The Signer Personally Appearing Personal appearance by the signer is a crucial part of notarizing. All states require the signer to appear before the Notary at the time of t

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Hugo Enriquez

Sep 18, 2019
3 min

Forged Notary Seals Earn Criminal Longer Prison Sentence

Forging Notary seals is a serious crime that warrants an “enhanced” prison sentence, according to a federal appeals court ruling issued last week. In upholding the 10-year prison sentence of a Glendale man who pled guilty to helping orchestrate a $5.4 million mortgage fraud scheme, the U.S. Ninth Circuit Court of Appeals ruled that a Notary seal is an “authentication feature” used to determine if a “document is counterfeit, altered, or otherwise falsified.” As such, it qualif

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Hugo Enriquez

Sep 9, 2019
4 min

4 Questions To Ask Clients Before A Notarization

1. Will everyone who needs their signature notarized be present? If more than one person will need their signature notarized, or if a signer needs to be identified by credible witnesses, confirm that everyone required for the notarization will be present at the appointment. 2. Does the client have all necessary documents ready for the notarization? If multiple documents require notarization, check to be sure the client will have all documents present and ready when you arrive

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Hugo Enriquez

Sep 4, 2019
3 min

May I Notarize A Signature On An Undated Document?

May I Notarize A Signature On An Undated Document In California? — J.B., California Yes, you may notarize an undated document except when there is a blank space requiring a date that is not completed with a date. In California, Notaries may not notarize a document that contains blank spaces. https://www.nationalnotary.org/notary-bulletin/blog/2019/08/can-i-notarize-a-signature-on-an-undated-document?utm_campaign=bulletin20190902&utm_medium=email&utm_source=nnabulletin&utm_co

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Hugo Enriquez

Aug 26, 2019
5 min

5 Mistakes That Cost Mobile Notaries Time And Money

Updated 7-31-19. Notary mistakes can be so costly they may affect your livelihood. Being prepared helps you prevent such mistakes, and keeps your business growing successfully. Here are 5 of the biggest mistakes I have learned to avoid over the years. If you can avoid them, you will lower your risk of failure and increase your chances of running a very successful and healthy Notary business. Mistake 1: No Continuing Education The number one mistake that costs mobile Notaries

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Hugo Enriquez

Aug 23, 2019
5 min

10 Steps Notaries Can Take To Avoid Being Sued

Updated 7-24-19. Notaries can be sued for any number of reasons but these 10 steps can help you prevent a lawsuit from being filed against you. Following Notary laws is key. 1. Never Notarize for a Signer Who Isn’t Present The most common reason Notaries are sued and have their commissions revoked or suspended is failing to require a signer’s personal appearance. Be sure to always abide by your state’s personal appearance requirements, however, it defines them. And never skip

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Hugo Enriquez

Aug 7, 2019
4 min

Notary Tip: Unusual IDs — Acceptable Or Not?

Notaries encounter many kinds of identification daily. The most common forms of identification documents encountered are driver’s licenses or U.S. passports. However, on occasion signers may present you with an unfamiliar form of ID. Determining if you can accept unusual identification documents is sometimes challenging, depending on your state law. Some states have clear acceptance standards for these IDs, but others do not. As a result, Notaries are responsible for knowing

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Hugo Enriquez

Jul 27, 2019
5 min

Saying 'No' Can Be A Good Thing For Notaries

No one likes to say “no” to a customer. But it’s almost certain that at some point you will have to turn down a signer’s request. And that’s not a bad thing. Why? Two reasons. First, refusing an unethical or illegal request is part of your duties. Notaries have a responsibility to follow the law and should never agree to any act that violates the basic rules of notarization, or that would enable document fraud or other crimes. Second, saying no when justified means that you a

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Hugo Enriquez

Jul 24, 2019
3 min

What Is A Vital Record — And Can I Notarize It?

Customers often ask Notaries to notarize birth certificates or marriage certificates — also known as vital records. But because of the special nature of these documents, you will have to say no. Here is more information about what a vital record is, and why they cannot be notarized. What Documents Are Considered Vital Records? A vital record is a government document containing information about a person’s important life events. Examples of vital records include birth certific

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Hugo Enriquez

Jul 17, 2019
3 min

NSA Tips: The Best And Worst Customer Service Practices For Notaries

Updated 7-1-19. Good customer service is essential to building a successful Notary business. Here are some basic tips — along with warnings about what mistakes to avoid — from experienced Notaries to help you build a good business reputation: Three Customer Service Practices Recommended By Notaries 1. Be on time for every notarization. “I think the most important thing is being on time and accurate. You want the signer to tell people that you arrived on time and the notarizat

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Hugo Enriquez

Jul 8, 2019
5 min

A Guide To Notarizing For Prison Inmates

Updated 7-1-19. There are strict guidelines for Notaries to follow when entering a correctional facility to meet with a signer. Knowledge and preparation beforehand will save you time. Be Sure To Ask If The Signer Has Acceptable ID One very important thing to be aware of is that inmates at correctional facilities typically have to surrender all their normal forms of identification — such as driver’s licenses — when they are incarcerated. This can be a problem if you show up f

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Hugo Enriquez

Jun 27, 2019
3 min

4 Reasons Why Veterans Make Great Notaries

Here are 4 primary reasons why becoming a Notary is a great idea for veterans: Attention to Detail From the very first day in boot camp, veterans have been drilled over and over again about paying attention to detail. In the military, a forgotten detail could mean the loss of life. This plays right into the responsibilities of Notaries who must be aware of multiple types of forms and where people need to sign and initial pages. One missed signature or initialcould mean thousa

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Hugo Enriquez

Jun 24, 2019
4 min

5 Tips For Authenticating A Signer’s ID For Notarization

Updated 6-17-19. A Notary's primary duty is to authenticate identification before witnessing a signature. Follow these helpful tips for proper verification of identity. 1. Always ask to physically hold and examine the ID. In order to ensure the ID is satisfactory, you will need to physically examine it. When a signer presents identification, ask that it be handed to you so you can look at and touch any details and security features to confirm they are genuine. Don’t simply g

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Hugo Enriquez

Jun 11, 2019
3 min

4 Common Misconceptions About Notary Signing Agents

Many people — including Notaries — often have mistaken ideas about what a Notary Signing Agent is and what they can and cannot do. Here are 4 common misconceptions, along with facts to clear up any misunderstandings. 1. Misconception: Notary Signing Agents Are Just Notaries Fact: Notary Signing Agents perform several additional non-notarial duties in addition to notarizing signatures on loan documents. A Signing Agent must print the loan document package for signing by the bo

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Hugo Enriquez

Jun 6, 2019
4 min

Everything A California Notary Should Know About Thumbprints

Updated 5-29-19. California has the most extensive and sweeping Notary requirements for recording signers’ thumbprints. But not all notarizations require you to take a thumbprint. In fact, California Notaries are expected to exercise judgment when it comes to meeting those requirements. Here’s what you need to know: What The State Requires California Notaries are required to record the signer’s right thumbprint in their Notary journalswhenever they notarize any of the followi

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Hugo Enriquez

Jun 3, 2019
5 min

When To Say 'No' … And When Refusing A Notarization Is Not Allowed

Updated 5-30-19. Many Notaries have been asked to perform an illegal or improper notarization by a customer, boss or co-worker. It’s critical for every Notary to know when you may — and may not — refuse a notarization. When To Refuse A Notarization Many states have specific statutes or regulations which explain when exactly a Notary is permitted or required to refuse service. For example, California Notaries must refuse a notarization if the document is incomplete. Florida No

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