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  • FAQ: The difference between a 'living will' and a last will and testament

    FAQ: The difference between a 'living will' and a last will and testament Updated 8-29-23. You may be asked at some point to notarize either a “living will” or a last will and testament. While the names are very similar, these two types of documents have completely different purposes. Here are answers to frequently asked Notary questions about the difference between “living wills” versus “last wills and testaments.” How is a ‘living will’ different from a ‘last will and testament?’ A “living will” is a written statement concerning an individual’s medical treatment wishes in the event the individual’s health prevents them from making those decisions at the time of need. A “last will and testament” is a document providing instructions for the disposition of a signer’s estate after the testator’s death. Depending on state law, it may also address other matters such as the disposition of the deceased’s remains and guardianship of the testator’s children. Thus, a “living will” operates during a person’s life, while a “last will and testament” takes effect upon the testator’s death. Are there any special rules when notarizing a ‘living will?’ No, a “living will” may be notarized like any other document. While often there are statutory rules for the execution and even notarization of a last will and testament, this is not the case with a living will. Of course, all practices required by law, such as the signer appearing in person before the Notary and being positively identified, should be followed. Can a last will and testament be notarized? It depends. A last will and testament is a complex document, and Notaries must be cautious when asked to notarize one. In some states notarizing a last will and testament is not required by law, while in others it may be one of several witnessing options. Notarization alone will not satisfy a signing or witnessing requirement if a specific procedure required by law for signing the last will and testament is not followed. A Notary who is presented with a last will and testament should notarize it only if clear instructions and an appropriate notarial certificate are provided. Even if a last will and testament is not notarized, state laws may authorize certain last wills to be made “self-proving” if affidavits of the witnesses to the signing and the acknowledgment of the testator are notarized. Any Notary may notarize these affidavits and acknowledgments. What should I do if a signer has questions about notarizing a living will or a last will and testament? Ideally, a signer should obtain directions from an attorney before requesting notarization of a living will or a last will and testament, since the slightest variance from state law may invalidate these documents. For example, some handwritten last wills may be invalidated if notarized. Notarization by itself does not make a ;last will “legal” or “valid” and it is important that Notaries not offer advice regarding preparation or the legal effects of a last will. A Notary may not determine the type of notarial act or certificate required for a last will and testament, even if asked to do so by the signer. These questions should be referred to an attorney.

  • 5 tips for a perfect Notary profile photo

    Updated 7-25-23. Whether you market your mobile Notary or Signing Agent services through a website, Facebook or online directories such as FindaNotary.com or SigningAgent.com, each week there are companies looking for profiles of mobile Notaries who fit their needs. And when they see your profile photo, it speaks volumes about you. A good photo could be all it takes to set you apart from the competition. After all, pictures are worth 1,000 words. While going to a professional photographer is best, if you’re trying to keep your expenses at a minimum, these five tips will help you take a great do-it-yourself headshot. Don’t mistake DIY for taking a “selfie” though. You’ll need to have a friend, family member or colleague behind the camera. What to wear to make your Notary profile photo stand out Head to your closet and find the professional outfit you feel the most comfortable and confident wearing. Being in comfortable attire will help you relax in front of the camera. Try to avoid white shirts, busy patterns or large stripes because they can be distracting and the focus of the photo should be your face. With hair & makeup, less is more for professional Notary photos Keep it simple, natural and tidy. Professional headshots aren’t supposed to be glamorous, so ladies, leave the shimmery eye shadow and bold lipstick on the counter. Gentlemen, this one is important for you, too. Go to the makeup aisle at the store and look for translucent face powder. Whatever the lighting situation may be, our faces and ears all get a little shiny and the powder will help you look calm, cool and collected. Keep jewelry & accessories simple Again, keep it simple. Whether it’s a watch, bracelet, necklace, earrings or another accessory, choose something very small that won’t look dated in a few years. Another thing to keep in mind is that jewelry will catch and reflect light, so make sure you find the right lighting or choose a different accessory. Remember to smile confidently Smile like the successful, professional public servant that you are. You’re comfortably dressed for success, and your facial expression should be an extension of your confidence. Tips for cropping your Notary profile photo A professional, executive style headshot is generally a close-up from the shoulders up, but some people prefer cropping the photo from the elbows up. Try cropping your photo in a few different sizes to figure out which one you prefer and which one looks best online. Most smartphones and tablets have cameras with high-resolution options and cropping tools to make it easy. If you’re using a digital camera or other device without editing tools, there are a lot of free tools online like Pixlr​ that will help you make these simple edits. Now that you have a photo that represents you well, update your profile on SigningAgent.com. Please let us know in the comments if you start getting more work in the coming weeks.

  • Mortgage Industry Professionals: Becoming a Certified Notary Signing Agent Could Be a Winning Strate

    While interest rates remain high, competition in mortgage finance remains fierce, and deal flow is still lower than most industry professionals are comfortable with. Despite this reality, there are strategic things you can do to increase your personal earning potential by leveraging your existing skill set and your understanding of the mortgage process. That’s why many mortgage industry professionals are considering becoming a certified Notary Signing Agent. There is work out there, and the industry won't be in this state forever, so here are the key points to consider: Expand your services: As a mortgage professional, you’re already familiar with loan documents and the whole process needed to close. Serving as an NSA, you’ll become the critical final link between the banks and the borrower to complete the loan. Expanding your services enables you to say “yes” to a whole new type of business opportunities. Increase your income: NSAs earn fees for both Notary-based and mobile services, which can be a steady and lucrative source of income. There’s high demand for experienced NSAs and you may be able to charge a premium based on your deep industry experience. A bonus is that you can choose to handle general Notary requests from the public by offering mobile Notary services. Improve your value: By becoming a Certified NSA, you’ll demonstrate your dedication to understanding all facets of the mortgage lending process. This can help set you apart from others in a competitive market. Becoming an NSA adds to your marketable skill sets and increases your value as an independent contractor. Improve your skills: NSA training covers a range of topics, including the proper execution of real estate documents, handling sensitive client information, and managing the closing process— knowledge and skills that you already have. The NSA training covers the do’s and don’ts from the Notary’s perspective ... and there may be some don’t-do’s that aren’t on your radar. Enjoy a flexible schedule: NSA work typically functions as an on-call service. That allows for a high degree of professional flexibility and work-life balance. You can easily set your own schedule and work as much or as little as you like. Help your community: If you value helping people in need, becoming an NSA is a powerful service. Many underserved groups need notarization services but cannot afford them, including the elderly, the homeless, the disabled, and college students. Providing occasional pro-bono services for them is a great way to support your community and build a reputation of trust and goodwill.

  • A tough road ahead for Maui Notaries, NNA replacing destroyed supplies

    While relief efforts on Maui continue amid the disastrous wildfire that decimated the historic town of Lahaina, the focus will soon shift to recovery and rebuilding. In the months to come, Notaries will be on-task to help victims navigate the complexities of rebuilding their lives, properties, and businesses. It will be a lengthy, cumbersome, and difficult task. To make matters more challenging: Many local Notaries themselves were among the victims and are dealing with their own losses. So the National Notary Association has offered to replace Notary supplies destroyed in the wildfire at no charge, like official seal stamps, notarial certificates, and journals. The full scope of the loss of life and property remains undetermined, but its impact on thousands of people and businesses is clear. Individuals, families, and business entities will all be seeking remedies in a variety of areas, which will include piles of documents requiring notarization. Some of them include: Proof of Ownership and Insurance Documents, like deeds homeowners’ insurance policies, and property damage assessment reports. Replacement of Identification and Legal Documents like government-issued IDs, Social Security cards, and birth certificates. Financial Documents like mortgages, loan agreements, contracts, bank statements and proof of income and employment documents. Estate and Trust Documents including wills, living trusts, powers of attorney and advance medical directives. Business Documents including business licenses and permits, articles of incorporation, and operating or partnership agreements. Insurance and Claims Documents like claim forms, proofs of loss and inventories of lost or damaged items Real Estate and Property Documents like building permits and zoning approvals, architectural plans and blueprints, and land surveys

  • 7 reasons you need a Google Business Profile for your Notary business

    One of the biggest challenges for Signing Agents and mobile Notaries is marketing yourself to find steady business. That’s why it’s essential to have a Google Business Profile because it is one of the most powerful tools to increase your visibility online and get more customers. And the best part is it won’t cost you a penny! Potential customers search online for ‘Notary near me’ every day. A Google Business Profile will help customers find your Notary business because: You can be found easily by customers searching for a Notary You can advertise your Notary business without cost You can share customer reviews to gain trust in your Notary business You gain round-the-clock visibility with potential clients and customers You build local authority and reputation as a legitimate Notary business You increase search visibility and reach for your business You create more income streams for your business 1. A Google Business Profile lets customers easily find your Notary business A Google Business Profile gives your Notary business an edge over competitors because it makes you easy to find when someone searches “Notary near me.” With an optimized Google Business Profile, you can be on the first page of search results to get more customers. It also helps potential customers learn more about your Notary services and contact you quickly if they need assistance. 2. There’s no cost for advertising your Notary business with a Google Business Profile Creating a Google Business Profile account is 100% FREE! Adding your website and phone number will help you get more calls and clicks without spending extra budget for advertising. If you have joined the new FindaNotary.com nationwide Notary database, you can use your profile page as your website on your Google Business account. 3. A profile will help you build a good Notary reputation through customer reviews A strong reputation can put your Notary business ahead of the competition. Use Google My Business as a platform to collect customer reviews that show potential clients how helpful and professional you are while providing Notary services. Asking customers to post reviews on Google Business Profile is an effective way to build credibility and attract new customers who feel confident working with someone who has positive reviews from others. Positive reviews are valuable marketing assets. 89% of consumers read reviews before deciding to purchase, so utilizing reviews to gain visibility to your Google Business Profile is essential. 4. A profile gives you round-the-clock visibility with potential clients and customers Your Google Business Profile is visible 24 hours a day, 7 days a week for anyone searching for Notary services you provide or looking for contact details to book an appointment with you. This type of access is invaluable since it allows prospective customers to reach out whenever needed - no matter what time of day or night it may be! 5. A profile will help your Notary business build trust and get more customers People tend to trust businesses that have established themselves within their immediate vicinity rather than those from far away locations. Having a Google Business Profile will demonstrate that you have a legitimate business that provides quality services in your community. This will give you the advantage over similar services offered by competitors so you can get more business. 6. A Google Business Profile increases your search visibility and reach for your Notary business If you know what you should be doing, you can be found on the first page of Google in what’s known as the “Google Three Pack.” This is the first page someone searches when searching for a ‘Notary near me.’ Creating an effective Google Business Profile page will allow prospective clients to see your information when searching for a Notary business. Having a complete Google Business Profile containing all of the necessary information for them to choose to do business with you will ensure more security in getting your business to the next level. 7. A profile can create more income streams for your business By having an online presence through a Google Business Profile page, potential clients can learn more about what types of Notary services you provide, such as loan signings, general Notary work, apostilles, etc. Additionally, you can attract target audiences by maximizing all areas available through Google Business Profile, such as optimization for specific search keywords related to Notary work, including posts related to new services you offer or any other updates about your business to help create additional revenue. In conclusion, setting up a Google Business Profile is necessary for Notaries If you want to take advantage of cost-free advertising to create more income for your Notary business, watch this free training with tips for setting up your profile. Click here to learn more about Google Business Profile! Mark Wills of Loan Signing System is a Notary educator, a mentor to more than 4,000 Notary Signing Agents and a Forbes Real Estate Council Member. For more information on how to market your loan signing agent business, please visit loansigningsystem.com.

  • What’s the difference between ink stamp and embosser Notary seals?

    Almost every state requires Notaries to use an official seal when notarizing physical documents. Traditional seals typically come in two formats — ink stamps and embossers. Here’s the difference between ink stamps and embossers and each state’s requirements for the seal you may use. A typical ink stamp and the stamped imprint.Notary ink stamps Ink stamps are the most commonly used type of Notary seal. These rubber Notary stamps leave an inked imprint with Notary information, such as the Notary’s name, commissioning state or date of commission expiration. The official seal imprint’s shape, size and information depend on the laws in the Notary’s commissioning state. Notary embossers Embossers are metal clamping devices. Instead of leaving an ink imprint, a Notary embosser “crimps” a document, creating a raised physical impression displaying Notary information on the paper. A side-by-side comparison of a plain embossed seal impression alongside its inked counterpart. While visible to the naked eye, the impression made by an embosser won’t be visible on a photocopy unless ink or another method like colored foil is added. Many states that allow Notaries to use an embosser also require making the embossed impression photographically reproducible. As with ink stamps, the shape, size and information needed for an embosser depends on the laws in the Notary’s commissioning state. What about electronic Notary seals? Notarizing electronic documents may require an official electronic seal, which uses technology very different from traditional physical ink stamps and embossers. To find out more about electronic Notary seals and the forms they can take, please read “Understanding Notary technology: eSeals, eSignatures and digital certificates.” Which type of Notary seal can I use? Each state has rules for what type of official seal Notaries must use. Some require ink stamps, some allow using either an embosser or an ink stamp, and a few even make use of an official seal optional. Below, we’ve provided a chart listing traditional Notary seal requirements for each state and the District of Columbia. Traditional Notary seal requirements for U.S. states and D.C. Ink stamp only states States allowing ink stamp or embosser States requiring ink stamp, additional embosser optional No ink stamp or embosser requirement Discover the Notary seal requirements for your state Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District Of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Related Articles: Would you like more information about Notary ink stamps and embossers and how to purchase one? Please visit “Everything You Need to Know About Your Notary Seal Stamp or Seal Embosser.”

  • Notary Business: How to offer apostille services

    By Judith Lawrence, Guest Contributor on August 16, 2021 Updated 8-21-23. Mobile Notaries across the country constantly look for ways to grow their business. One of the ways they do this is by adding services. One of the new services they can add is apostille services. This service fits nicely with a Notary business because customers often ask Notaries to provide apostilles. While Notaries cannot issue apostilles — only an authorized state agency can do so — you can earn extra income by assisting customers in getting their documents in the correct form to be accepted by the agency that issues apostilles. There are a number of elements you need to understand as you consider adding this service to your business: What is an apostille What is an apostille agent? What are Some of the Functions of an apostille agent? How much can I charge for apostille services? What are the benefits of becoming an apostille agent? Important facts about obtaining apostilles What is an ‘apostille’? In the modern world, countless documents are signed and sent between countries, many of them notarized or including the signature of some other public official. The challenge for individuals receiving the documents is knowing whether the Notary’s signature is legitimate. An apostille is a certificate issued by a government agency verifying the authenticity of the signature of a Notary Public or other public official. In other words, an apostille confirms that the seal and signature of the Notary on a document is valid, and the notarization can be accepted by the receiving agency in the foreign country. They are specifically used for documents going to the 156 countries that are signatories to the Hague Apostille Convention. Documents sent to countries that are not part of the Hague Convention may require additional certification from the U.S. Department of State. What is an ‘apostille’ agent? An apostille agent assists customers in obtaining apostilles or authentications. However, it’s important to make one thing clear: You (the Notary) do not issue apostilles or attach them to documents. That is the role of the state agency authorized to issue apostilles, usually the Secretary of State’s office. Only an authorized government agency can place the actual certificate of apostille on the document. But an apostille agent can provide other valuable services to assist customers in need of apostilles, as described below. What are some functions of an ‘apostille agent’? Apart from notarizing the signatures on a document, an apostille agent can provide a variety of services. For example, an agent can provide courier services to deliver notarized documents requiring apostilles to the appropriate agency. This might entail sending the notarized document, a check for the processing fee, the apostille request form and a return mailing label to the apostille-issuing agency on the customer’s behalf. The agency would then process the request, attach the apostille and mail the document with the apostille back to the Notary or the customer. Apostille agents also may contact the issuing agency on the customer’s behalf to request instructions related to obtaining an apostille. For example: You might be asked to find out if the agency requires the customer to submit the original notarized document, or if the customer can provide a certified copy of the document instead. Please remember that not all states authorize Notaries to certify copies of documents, and Notaries are never allowed to certify copies of vital statistics documents such as a birth certificate, a death certificate, a marriage license or a divorce decree. You also may be asked to confirm with a state agency if they will issue an apostille for a document notarized using remote notarization, or other details such as if the document requires translation, a cover page, or contacting a federal agency to ask if the receiving country will require additional documentation. How much can I charge for ‘apostille’ services? Because apostille services are not part of your duties as a Notary, the fees you charge are not limited by your state Notary laws. As such, you may set your fees for those services at your discretion. You should consider the following factors when deciding what to charge: How many documents you are sending for processing and what are the state fees; Where the documents are being sent for processing; What kind of shipping costs you are incurring; and Whether you are asked to provide expedited service. Remember that fees you charge for apostille-related services (such as submitting documents to the issuing agency on a customer’s behalf) should be charged and recorded separately from your fees for notarial acts, which are regulated by your state’s Notary laws. Like any new business service you decide to offer, there is a learning curve with becoming an apostille agent. However, it can be profitable and enjoyable. What are the benefits of becoming an ‘apostille’ agent? In my experience, becoming an apostille agent affords you several benefits. It complements traditional Notary businesses very well. You will have numerous opportunities to offer apostille business services to your existing customers. I do quite a bit of general notarization work and never miss a chance to tell a client that I am also an apostille agent. Often that client has never heard of an apostille. I explain what it is, give them my business card and wait for the phone to ring — and it has. It’s very easy to offer apostille agent services as either a part-time or full-time business because you have a flexible schedule. If you work out of a specific location, you can arrange appointments to accommodate your own schedule. If you are a mobile Notary, you may want to charge a travel fee to go to the client to pick up the documents and deliver them back to the client. Many Secretaries of State are now accepting documents for apostilles that have been notarized using remote online notarization (RON). If you are authorized to perform RONs, you might remotely notarize documents, then also offer services sending and delivering remotely notarized documents requiring apostilles to issuing agencies for your clients. Important facts about obtaining ‘apostilles’ Here are important details about apostilles you should know if you want to offer apostille agent services: Every apostille is issued by the government agency (usually the Secretary of State’s office) in the state where the document ORIGINATED. For example, let’s say our client went to school in California, now lives in Pennsylvania and needs an apostille for his California school diploma. Because the diploma was issued in California, the apostille must be obtained from the California Secretary State’s office. The destination country may affect whether the customer needs authentication documentation instead of an apostille. In 1961, many countries joined the Hague Convention, which allows expedited authentication of documents sent between member nations. Most countries in the world are members of the Hague Convention, but some are not. If the destination country is NOT a member of the 1961 Hague Convention, the document may require additional paperwork from the U.S. Department of State in addition to the apostille. In some instances, a client may also want you to present the documents to an embassy of the destination country on their behalf. So you will need to ask clients several important questions: What is the type of document(s) Where did it originate (STATE OF ORIGINATION); and Where will it be going (COUNTRY OF DESTINATION) If you decide to add being an apostille agent to your business, it can be a profitable and enjoyable line of work. Judith Lawrence is a Notary, educator and apostille agent, and is the author of the upcoming book ‘The Not So Secret Guide To International Document Service.’ For more information, please visit her website.

  • Why it’s important to keep careful records of your Notary fees

    Keeping a written record is always a sound practice when it comes to financial transactions. But in the past, many people didn’t pay attention to tracking Notary fees. Years ago, most Notary fees were very small (often only a few dollars per notarization). Consequently, few people worried about keeping track of these payments, unless required to do so by state law. Today, Notary fees are no longer small change. Many states have significantly increased the fees Notaries may charge for their services. Some, like Tennessee, do not set a statutory limit to the amount Notaries may charge (although Notaries in such states are typically not legally permitted to charge in excess of reasonable fees). Many states that authorize remote notarizations allow Notaries to charge significantly more for remote services than for traditional pen-and-paper notarizations. The money being paid to Notaries is reaching more substantial levels — as should be expected and encouraged. Some companies employ hundreds or even thousands of Notaries across numerous locations. The revenue generated by these notarial fees may amount to hundreds of thousands and even millions of dollars annually. And not surprisingly, more and more state laws are expressly allowing employers of Notaries to collect the fees for notarizations performed by their employees. Because of the increase in the amounts being charged and collected for notarial services, these businesses and all Notaries need careful documentation of notarial and associated fees. Also, many self-employed Notaries charge customers additional fees related to their other business services. The classic example is the travel fee charged by many mobile Notaries and Signing Agents. If a member of the public asks a Notary to come to the hospital where the individual has been admitted in order to perform an acknowledgment notarization, the Notary should be entitled to charge a fee for the acknowledgment and a fee for traveling to and from the hospital. Increased fees permitted for notarizations mean more income for Notaries, which is a good thing. But along with increased income, there is also the responsibility to report appropriate earnings on income tax returns. Furthermore, a written record should document the fact that a Notary has not violated the maximum Notary fee statute in the many states which have such laws, or that a Notary has not charged more than a reasonable fee in those states (like Tennessee) which do not set maximum Notary fees. That’s why it’s essential Notaries keep thorough, clear records of the fees they charge. State Notary laws have almost never addressed the need for written fee records or the procedures for creating and maintaining such records – with one important exception. That is, where state laws have required the keeping of a Notary journal, most such laws have directed Notaries to record the notarial fee, if any is charged, in the journal entry. Yet only around half the states even require keeping a journal. If Notaries need guidance regarding keeping financial records, the 2022 Model Notary Act (MNA) is a good resource. The Model Notary Act includes provisions recommending Notaries: 1. Inform consumers of fees in writing in advance of services, 2. Provide consumers with itemized fee receipts, and 3. Record itemized fees in the Notary journal entry for each notarization. (See the 2022 MNA, Sections 5-1(c), 6-2(a)(7).) Such written records will help document the business expenses of Notaries and their customers for income tax purposes. In conclusion, things are changing for the better regarding Notary fees. However, we all need to pay more attention to Notary fee issues and to create and maintain a proper paper trail regarding fees. Chapter 5 of the Model Notary Act contains extensive, reasonable, and progressive approaches for dealing with fee issues, including written notice and recording of fees for the protection of consumers, Notaries, providers of support services for notarizations and the public. Notaries and lawmakers should look to the MNA for guidance in these matters. Michael Closen is Professor Emeritus at the John Marshall Law School in Chicago, Illinois. A respected consultant on model Notary statutes and legislation, Closen served on the drafting committees for The Notary Public Code of Professional Responsibility and various editions of the Model Notary Act, and recently authored Professor Closen’s Notary Best Practices: Expert's Guide to Notarization of Documents.

  • Notarizing documents from other countries

    Notarizing documents from foreign countries can be confusing for Notaries. Here we'll answer some general questions and provide you with additional helpful information for working with international notarizations. Is the notarization permitted? Notaries in most countries perform very different duties compared to their counterparts in the United States. Foreign Notaries have powers similar to attorneys and are authorized to advise and prepare documents for clients. However, U.S. Notaries have more limited authority, and may not advise or prepare documents for clients. Confusion occurs when people from other countries ask U.S. Notaries to perform official acts that are not permitted under state law. One common example is when a Notary is asked to certify that a foreign citizen residing in the U.S. is still alive in order to collect an overseas pension. These documents are known as “proof of life" certificates, but many states do not allow Notaries to certify a person is alive. This often confuses signers who have been directed by foreign government agencies to take their life certificate to a U.S. Notary. If you are asked to perform a notarization on an international document, find out first if your state permits it. You can contact your state Notary regulating agency. Members also can contact the NNA Hotline. What if the document is in a foreign language? International transactions often involve documents drafted in a language you can't read. Is this a deal-breaker? As a general rule in most states, you may notarize a document written in a foreign language as long as the notarial certificate is in English or a language you can read. You’ll need to check your state’s laws and guidelines for specific guidance. That said, it’s safer and generally more advisable to refer the signer to a Notary who can read the foreign language. It's also a recommended practice to have a signer sign the document using characters or a language you can read and understand since the signed name could be different than what you are told. Do Notaries issue ‘apostilles’? If you’ve ever been asked to notarize a document sent to another country, your signer also may have asked you about obtaining an apostille to authenticate this document. An apostille is a certificate authenticating the signature and seal of the officer performing the notarization on a document being sent between countries that have ratified The HCCH Apostille Convention. Basically, an apostille confirms to the document’s recipient that the individual who notarized the document had a valid commission at the time the document was notarized. Without an apostille attached, a document sent between countries must go through a much lengthier authentication process by several different agencies in order to be accepted. Many people mistakenly believe that apostilles are issued directly by Notaries. Only an authorized authority under the HCCH Apostille Convention (also known as "The Hague Convention") — typically the Secretary of State’s office or other Notary-regulating agency — is authorized to issue apostilles. If a signer asks for an apostille, they will have to submit the document to the appropriate authority, which will typically process and attach an apostille to the notarized document for a fee. Some signers may ask if you can courier their document to the Secretary of State's or appropriate officials office to obtain the apostille/certificate of authority for them. Notaries who live in areas with access to the appropriate office sometimes offer this service for an additional fee. Are there any other alternatives? If it turns out you can’t notarize an international document, the signer may have other options. Embassy and consular staff are authorized to notarize documents being sent to their home countries. If a foreign country requests a notarial act for a signer’s document that a U.S. Notary isn’t authorized to perform, the signer can contact that country’s local consulate or embassy for assistance.

  • Handling certified copies of public records and other unusual Notary requests

    Updated 8-21-23. Many Notaries have been asked to notarize copies of birth certificates, marriage certificates or other public records. Before you do, you need to know these important facts. Vital Records: Birth, death and marriage certificates As a general rule, Notaries cannot certify copies ​of birth, death or marriage certificates because these documents are vital records — public records that cannot be certified by a Notary Public. In the United States, an original vital record is kept by the appropriate public record office, which is normally the only authority allowed to issue certified copies of the vital record. In fact, states including Arkansas, Colorado, Connecticut, Florida, Kansas, Pennsylvania and Texas explicitly prohibit Notaries from certifying copies of vital records though they permit certifying copies of other types of documents. (Colorado's state handbook also says that Colorado Notaries may certify copies of birth certificates issued by other states. However, Colorado Notaries may not certify copies of birth certificates issued in Colorado. Also, the handbook says Colorado Notaries are prohibited from providing copy certifications for documents that state on their face that it is illegal to make copies of them.). California Notaries may only certify copies of powers of attorney, or copies of the Notary's own journal entries if requested by the Secretary of State or a court. Can copies of “recordable documents” be copy certified? A trickier issue is certifying copies of recordable documents — that is, a document that may be filed with an official agency. Whether you may certify a copy of such a document depends on your state’s Notary laws. Some states, including Arizona and Texas, prohibit certifying copies of any recordable documents. Georgia prohibits copy certification for publicly recordable documents, such as divorce decrees and university transcripts. Delaware goes a step further and prohibits its Notaries from certifying copies of any official or public records. If your state prohibits certifying copies of recordable documents, it’s important to know it doesn’t matter whether the copy is actually going to be recorded or not — if the original document is potentially recordable at a public records office, you can’t certify the copy. Certifying copies of driver’s licenses, passports and other forms of ID While not strictly public records, sometimes Notaries are asked to certify copies of official identification documents such as driver’s licenses or passports. Again, this depends on your state. Georgia allows copy certification ​of a U.S. passport but requires the passport holder to provide an affidavit. And some states such as Michigan do not permit Notaries to certify copies of any documents. If you are asked to certify a copy of an unusual document and aren’t sure if it’s permissible, always check your state requirements first, or contact your state Notary regulating office. NNA members can also contact the Notary Hotline for assistance.

  • 4 ways to find a mentor for your mobile Notary business

    Updated 8-14-23. One of the most common questions asked by mobile Notaries starting their own businesses is how to find a mentor to guide them. Whether you meet face-to-face with someone or establish an online relationship, it’s easier than you may think to reach out and find a mentor. Here are four ways you can get started today. “Link” in and “connect” Texas Notary Anna Giles and Virginia Notary Carolyn Wilson Ku used the NNA LinkedIn groups to find mentors. While Giles didn’t find a mentor in her small Texas town, she did find a Notary resource nearby who helped guide her on some steps to get started. Others have developed lasting, reciprocal relationships with local Notaries. Also, consider using the NNA’s Facebook Page. Visit the Community tab to reach out to friends and colleagues. Facebook is also the home of the Notary Public Mentor Group with over 1,800 members across the U.S. Connect with colleagues at professional conferences Notary-regulating officials in some states (such as Alabama and Montana) periodically host conferences. The biggest regular gathering is the NNA’s Annual Conference. These are always great places to meet dedicated professionals in your field and create lasting business relationships. Also, consider joining the NNA Conference Attendees Networking Group on Facebook. This group is for Notaries who are interested in optimizing networking opportunities at our annual conference. Check out SCORE Many Notaries need help with the business details of their profession. The nonprofit Service Corps of Retired Executives is a great place to go. SCORE has more than 340 chapters around the country and offers free mentorship programs for small business owners and entrepreneurs. It also hosts workshops and other events. Join professional associations Research associations like the NNA or those specific to your field to see if they offer mentor programs or other networking opportunities that could put you in touch with others in your field.

  • Notary Signing Agent Document FAQ: Conveyance Deeds

    Click to expand.Updated 8-14-23. Notary Signing Agents deal with a wide variety of documents during a loan signing. In this article, we answer some frequently asked questions about conveyance deeds. What is a conveyance deed? A conveyance instrument is a document used to transfer a real property title from the current owner (the “grantor”) to a buyer (the “grantee”). The specific type of conveyance deed used to convey tile varies depending on state law, but here are some common examples NSAs may encounter: General Warranty Deed: A document which conveys the grantor’s interest in and title to the property. A General Warranty Deed also warrants that if the title is defective or has a “cloud” (such as a tax lien or mortgage claim on the title) the grantee may hold the grantor liable. Quitclaim Deed: A document that transfers the owner’s current interest in a title to the grantor. A quitclaim deed does not guarantee the grantor’s ability to convey title. Grant Deed: A grant deed transfers title to real property or a real property interest from the grantor to the grantee and warrants that the grantor owned the title to the transfer. Do conveyance deeds require notarization? A deed must be signed by the grantor and, as a condition to recordation, be acknowledged before a Notary. A few states allow proof of execution by subscribing witness in lieu of an acknowledgment if the grantor is unable to appear in person before a Notary. What types of loan document packages include a conveyance deed? Conveyance deeds are encountered during transactions in which a property is being sold to or purchased by a new owner or buyer. They are also used when a title is being transferred to a family member. Another type of transaction involving a conveyance deed is when an individual place their home in a living trust. Finalizing a refinance transaction may require the home to be taken out of the trust and then placed back into the trust afterward. When this happens, Signing Agents may encounter one more conveyance deeds among the documents in the loan package.

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