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- Mistakes Can Render You Notary Business-Less & In Deep Trouble
The National Notary Association (NNA) just published this article written by Professor Michael Closen, a high-profile Notary Law Expert, from John Marshall Law School in Chicago, Illinois, titled A Notary Mistake Can Be Criminal. After reading the article we highly recommend you purchase his book Professor Closen’s Notary Best Practices: Expert's Guide to Notarization of Documents. One of the very first statements made in the article is one of our own sentiments that we stress here at Notary Stars daily- time savers and cutting corners can lead to Big Trouble! One of the biggest examples given in the article is Notaries cutting corners by not having the signers present for the entire Notarial Act to be performed. And, we hear about this all too often at Notary Stars where Notaries pre-fill out Acknowledgements and Jurats for Loan Signings to save time at the actual signing. At Unlimited Ink Notary (our Parent Company) we often see Notaries who take the risk of editing documents within a PDF using Adobe so their Acknowledgements and Jurats look cleaner and neater when returned. Often in these instances, we have to have the Notary re-complete the document as an error because it proves they didn’t do these entire Notarizations in front of the signers. It also shows that they used a program that often connects to the Internet which could compromise the signer's signatures. We’ve been warned by Attorneys from more than one Title Agency who have helped us get the word about this, but somehow we still see some Notaries taking risks. Another very important sentiment of the article was the age-old question: Do I need to administer an Oath or Affirmation for every Jurat within my Loan Signing? Even just asking this question does not fulfill your duties completely and could land you in hot water. Just read the real-life example in the original article linked above. And please forget what you hear in "Facebook University" about how Mr. & Mrs. Jones conduct their signings. There really are no good ways to perform a sensitive task such as notarizing a document except by performing it in accordance with your state regulation. The National Notary Association did not let up this month after Professor Closen’s article. They continued on with more information for Notaries which leads us to believe October might be Notary Public and Loan Signing Agent Lawsuit Awareness Month. The next article they pushed out via email to all Notaries was 5 Sound Practices That Steer You Clear Of Lawsuits And Costly Errors which included these 5 Key Points: Always Require Personal Appearance Master Identification Requirements Avoid Pressures to Rush Scan And Complete Certificates Properly Know How To Handle Emotional Signers It's funny writing this article as a Signing Agency Owner. Some of you may roll your eyes and think that these are simple things that every Notary should know. But I can assure you they are not- or they are not always adhered to. Unlimited Ink Notary, our sister company, sees more transactions in one month than most Notaries will see in 5 years of signings and we see each one of these items being dealt with daily. In fact, many Signing Agents either fail at one of these items or use them as an excuse. That is not to speak ill of our Notary brothers and sisters at all. Our jobs as Notaries and Loan Signing Agents is tough at times and we are often rushed and have to deal with emotional signers. It’s just that they are not valid excuses to do something wrong in our jobs. We still HAVE to do our job right. At Notary Stars we put together an annual Mistakes to Avoid at the beginning of each year and update it with more information. That list doesn’t increase too much annually but the National Notary Association is still just scratching the surface of the problems we can face in the previously mentioned article. This is exactly why we believe in continuing education. Not just because we need to know how to properly present, to describe, and execute every loan document, but because it can help us avoid a lawsuit. Please check out the two articles mentioned in this post and comment below if you have any thoughts to add. All comments are welcomed, especially if they can benefit another Notary Loan Signing Agent. If you are a newer Signing Agent please check out our video about Mistakes To Avoid as a Loan Signing Agent to help you and consider training with us at www.notarystars.com/membership_information to help protect your Notary Business. The more you know, the more you grow! References Closen on April 5, M. (2022, October 11). A notary mistake can be criminal. National Notary Association. Retrieved October 26, 2022, from https://www.nationalnotary.org/notary-bulletin/blog/2018/04/notary-mistake-can-be-criminal#.Y1SSZXqAT1g.gmail NNA Staff on April 27, 2016. (2022, October 19). 5 sound practices that steer you clear of lawsuits and costly errors. National Notary Association. Retrieved October 27, 2022, from https://www.nationalnotary.org/notary-bulletin/blog/2016/04/5-sound-practices-steer-clear-lawsuits?utm_campaign=20221024nnabulletin&utm_medium=email&utm_source=nnabulletin&utm_content=BodyCTA5PracticesLawsuitProtect&content_type=2&position=1&NNAID=158066250
- The Top 6 Ways to Recession-Proof Your Remote Online Notary Business
There's an almost 100% chance the US economy will tip into a recession within 12 months, a recent statistical analysis by Bloomberg Economics has found. This means that if you're a business owner, it's important to take steps to recession-proof your Remote Online Notary Business. In this article, we'll outline six top tips for doing just that. Follow these tips and you'll be able to weather any storm! Don't Have a backup plan in case of a recession In today's economy, it is more important than ever to have a backup plan in case of a recession. Whether you are an entrepreneur or work for a company, having a backup plan can help you keep your head above water during challenging times. One way to do this is by diversifying the services you offer that may be complimentary to your Remote Online Notary Business. For example, if you notarize documents related to overseas matters, you could also offer services related to Apostille. This way, if there is a recession in one aspect of the notary industry, you will still have a steady stream of clients from other industries and needs. Keep your costs low One of the best ways to recession-proof your business is to keep your costs low. This means finding ways to cut back on expenses without sacrificing quality or customer service. There are a number of ways to do this, such as outsourcing work, using low-cost software and tools, and negotiating better rates with vendors. 1. Outsourcing work: There are a number of great outsourcing options available these days that can help you keep your costs low. While taking on more responsibility for the day-to-day operations of your business may be more sensible, many mundane activities do not create a good ROI for your time. Luckily, there are websites like Fiverr that offer a variety of services starting at just $5. This can be a great way to get quality work done without breaking the bank. 2. Using low-cost software and tools: Shop around! There are quite a few great, RON platforms available that can help you save money on your business operations. Get to know what each platform offers and only sign up with the ones that truly support your business, especially if there is a high startup cost or monthly expenses. 3. Negotiating better rates with vendors: One of the best ways to save money on your business expenses is to negotiate better rates with your vendors. Many vendors are willing to negotiate, so it never hurts to ask! Offer promotions during tough times Businesses should always be prepared for a recession by introducing promotions during tough times. By doing this, businesses can weather the storm and retain customers. Promotions show that you care about your customer base and want to help them save money. 1. Discounts: Offering discounts is a great way to show your customers that you care about them and want to help them save money. Maybe you can approach a large group that needs documents notarized, like a school or HR department, and offer them a bulk discount? You ensure business and establish goodwill. 2. Bundling: Another great way to offer promotions during tough times is by bundling your services. This allows customers to save money by buying multiple services at once. But how can you bundle RON Services? You might offer electronic recording of documents for notarized documents (if you are able). You might be able to team up with a doc prep company to offer combined services. As we discussed earlier if you are in a state that allows you to have a RON apostilled, you might combine these. 3. Freebies: Who doesn't love a freebie? Offering freebies is a great way to show your customers that you appreciate their business. Do work for the local Veterans, Knights of Columbus, or a community outreach service. Your generosity will often be repaid. Stay positive and optimistic Staying positive and optimistic is essential to succeed in life and business. Whether you are facing a difficult challenge like less work or embarking on a new endeavor like starting your RON business, it is important to keep your spirits high and maintain a sense of hope and optimism. This will help you maintain focus and drive as you work toward your goals, overcome obstacles, and achieve success. By cultivating an attitude of positivity, you can become more resilient, motivated, and confident – all key components of motivation and achievement. So if you want to be your best self and reach your full potential, make the commitment today to stay positive and optimistic at all times. With the right mindset, you can accomplish anything! Network with other professionals One great way to stay positive and motivated during tough times is to network with other professionals. By sharing ideas, strategies, and support, you can help each other stay focused and motivated. Networking also allows you to build relationships with potential clients or referral sources, which can be beneficial in the long run. So get out there and start networking! You never know who you might meet. Below are seven ideas to help you get started networking with other professionals: 1. Join and maintain professional organizations like NotaryStars. There are many professional organizations available, and membership can offer many benefits, such as networking opportunities, educational resources, and discounts on products and services. 2. Attend industry events. Industry events offer a great opportunity to network with other professionals, learn about the latest trends, and gain valuable insights from experts in your field. 3. Connect with other professionals online. There are many online networking platforms available, such as LinkedIn, that allow you to connect with other professionals in your industry. 4. Participate in online discussions. Many online forums and discussion groups allow you to participate in online discussions with other professionals. This is a great way to gain insights and share ideas. 5. Subscribe to industry publications. Industry publications offer valuable insights and news about the latest trends in your industry. Subscribing to a few publications can help you stay informed and up-to-date on the latest developments." 6. Go to local meetups. Find other notaries in your community to network with. Notaries in similar locations may have similar problems. Brainstorm, share contacts, offer a network of "coverage" in case you are not available. 7. Get involved in your community. Being in business isn't always about "pushing" your business. Work charity events, be seen by the community, get to know your neighbors and business counterparts. Some of the strongest relationships are those that are created outside work hours. Get creative! When it comes to succeeding in business, the key is being creative. Whether you're trying to come up with a new marketing campaign or developing an innovative product, the ability to think outside the box and devise new solutions is essential for success. In fact, creativity may even be more important than experience or expertise when it comes to launching a successful venture. By looking at problems from new angles and harnessing your imagination, you can set yourself apart from your competitors and establish yourself as a true innovator in your field. So if you want to get ahead in business, embrace your creative side and let your imagination run wild! You never know what exciting ideas and opportunities might be just around the corner. Conclusion No matter what the economy is doing, following these tips can help you stay positive, motivated, and successful. By networking with other professionals, getting involved in your community, and being creative, you can weather any storm! So don't panic if a recession is on the horizon - with the right attitude and approach, you can thrive no matter what!" Check Out These Related Articles On Notary Stars Do you think Notary Work is slowing down in your market? (notarystars.com) Five Ways to Save on Notary Business Costs (notarystars.com) Five Free Tips To Increase Your Notary Work (notarystars.com)
- What is an Ombudsman?
What is an Ombudsman and why Notaries Public need to know about them? An Ombudsman is essentially a patient advocate and can be referred to as a Social worker, patient representative, patient liaison, patient relations counselor, crisis resolution specialists, and other names or titles. An actual Ombudsman must go through a certification program and are heavily regulated by the government. The Ombudsman Program grew out of efforts by both state and federal governments to respond to widely reported concerns that vulnerable peoples living in long-term care facilities were subject to abuse, neglect and substandard care. The program is made up of many volunteers and some employee staff. Their job it is to identify, investigate and resolve complaints made by or on behalf of residents of nursing homes, assisted living facilities, adult foster care or long-term care homes, skilled nursing centers and even Hospitals. They are trained to resolve problems and are a liaison between the patient and the facility. This service is generally free to the patient. Under the federal Older Americans Act, every state is required to have an Ombudsman Program. Most state programs are run by the state’s Counsel on Aging. So what does that have to do with Notaries? Often times, as a Notary who does ‘General Notary Work’ and not just loan signings, we will be called to notarize Powers of Attorney. Doing that all by it’s self does not ring any bells except for three particular situations; 1- the POA is part of a Living Will or Health Directive and/or 2- the signer is in one of the types of facilities listed above and/or 3- you and the signer are in the state of California, Delaware, District of Columbia, or South Carolina. These states have specific requirements that involve an Ombudsman or Patient Advocate. For instance; California – If you are in a skilled nursing facility, the ‘Advanced Directive for Healthcare’ document must be witnessed by a patient advocate or ombudsman. Delaware – If you are a resident of a sanitarium, rest home, nursing home, boarding home or related institution, the ‘Advance Healthcare Directive’ document will require one of the witnesses to be a patient advocate or ombudsman designated by the Division of Services for Aging and Adults with Physical Disabilities or the Public Guardian. District of Columbia – If you are a patient in a skilled care facility, one witness must be a patient advocate or ombudsman when signing the ‘Declaration’. South Carolina - If you are a patient in a hospital or skilled care facility, one witness must be a patient advocate or ombudsman when signing the ‘Declaration’. In addition to these states, there is Vermont that has an additional special requirement; If you are a patient in a hospital, nursing home or residential care facility, a designated person must sign the "Advanced Directive’ after explaining it to you. Ask a patient representative or advocate for help with this requirement". Each of our 50-states have their own requirements for who can be the witness on these documents, how many witnesses are needed, if you need it notarized and witnessed or just notarized or just witnessed. The rules are exhausting. I have attached a spreadsheet for all 50 states for your reference. This applies only to the documents we would typically see in a Living Will. Living Wills are the persons statement of how they want their care orchestrated when they are no longer able to voice that for themselves. Living Wills can go by different names in different states. That would include terms like; Health care Directive Medical Directive Advanced Directive for Health care Durable Power of Attorney for Health Care Declaration to Physician Declaration of Living Will Declaration Advanced Directive Health Care Proxy Medical Power of Attorney These regulations are not something you would normally find in your state notary handbook. Rather, they are a set of regulations set forth by your state governor. In addition to that, you can find your state specific Living Will (or whatever the term is for your state) document sets on your states .gov website. Article written by Beth Hathoot for Notary Stars 10/22 References; https://ltcombudsman.org/omb_support/nors https://acl.gov/ https://www.advisory.com/daily-briefing/2019/10/03/patient-advocates Health Care DirectiveStateDocument Name(s) & Signing RequirementsAlabamaAdvance Directive for Health Care Two witnesses are required. Neither of your witnesses may be: under the age of 19 your health care proxy the person who signed your advance directive for you, if you were unable to sign it yourself related to you by blood, marriage or adoption entitled to any portion of your estate by operation of law or under your will, or directly financially responsible for your medical care. If you grant your proxy the power to direct your burial or cremation, your advance directive must also be notarized.AlaskaAdvance Health Care Directive If you grant your agent power to direct your burial or cremation, your document must be notarized. If you do not grant this power, you may choose to have your document signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be: your health care agent your health care provider an employee of your health care provider, or an employee of the health care institution or health care facility where you are receiving health care. In addition, at least one of your witnesses must not be related to you by blood, marriage or adoption—and must not be entitled to any part of your estate under a will or codicil (amendment to a will).ArizonaLiving Will & Health Care Power of Attorney Both documents must be signed by at least one witness or notarized. If you choose to have the document witnessed, you may choose to have one or two witnesses. If you choose to have one witness, your witness may not be: any person involved in providing your health care related to you by blood, marriage or adoption, or entitled to any part of your estate by operation of law or under your will. If you have two witnesses, your witnesses do not need to meet the last two requirements on the list above. If you choose to have your document notarized, the notary may not be: your health care agent, or any person involved in providing your health care. ArkansasLiving Will Must be signed by two witnesses or notarized. If you choose to have your document witnessed, your witnesses must be at least 18 years old. In addition, one of your witnesses may not be related to you by blood, marriage or adoption, or entitled to any part of your estate under your will or by operation of law. Durable Power of Attorney for Health Care If you grant your agent power to direct your burial or cremation, your document must be signed by two witnesses. If you do not grant this power, you may choose to have the document signed by two witnesses or notarized. If you choose to have your document witnessed, your witnesses must be at least 18 years old. In addition, one of your witnesses may not be related to you by blood, marriage or adoption, or entitled to any part of your estate under your will or by operation of law.CaliforniaAdvance Directive for Health Care Must either be signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be: your health care agent your health care provider an employee of your health care provider the operator of a community care facility an employee of a community care facility the operator of a residential care facility for the elderly, or an employee of a residential care facility for the elderly. In addition, one of your witnesses must not be related to you by blood, marriage or adoption—and must not be entitled to any part of your estate by operation of law or under your will. Finally, if you are in a skilled nursing facility, the document must also be witnessed by a patient advocate or ombudsman. (This requirement applies whether the document is witnessed or notarized.)ColoradoDeclaration as to Medical or Surgical Treatment Medical Durable Power of Attorney Both documents must be signed by two witnesses and may also be notarized. Neither of your witnesses may be: a physician an employee of your attending physician an employee of a health care facility where you are a patient a person with a claim against your estate, or a person entitled to any part of your estate by operation of law or under your will. In addition, if you are a patient or resident of a health care facility, the witnesses cannot be patients of that facility.ConnecticutHealth Care Instructions and Appointment of Health Care Agent and Attorney-in-Fact for Health Care Decisions Must be signed by two witnesses. Although the law does not restrict who can serve as a witness, we suggest that your witnesses be at least 18 years old and the person named to serve as your health care agent and your attorney-in-fact for health care decisions not act as a witness. You and your witnesses may also sign in front of a notary public, but you are not required to do so. Document Concerning Withholding or Withdrawal of Life Support Systems Must be signed by two witnesses. Although the law does not restrict who can serve as a witness, we suggest that your witnesses be at least 18 years old and the person named to serve as your health care agent and your attorney-in-fact for health care decisions not act as a witness. Appointment of Health Care Agent and Attorney-in-Fact for Health Care Must be signed by two witnesses. Although the law does not restrict who can serve as a witness, we suggest that your witnesses be at least 18 years old and the person named to serve as your health care agent and your attorney-in-fact for health care decisions not act as a witness.DelawareAdvance Health Care Directive The document must be signed by two witnesses. Neither of your witnesses may be: under the age of 18 related to you by blood, marriage or adoption an owner, operator or employee of a residential long-term health care institution in which you are a resident a person directly financially responsible for your medical care a person with a claim against any portion of your estate, or a person entitled to any portion of your estate by operation of law or under your will. If you are a resident of a sanitarium, rest home, nursing home, boarding home or related institution, one of the witnesses must be, at the time you sign the Advance Health Care Directive, a patient advocate or ombudsman designated by the Division of Services for Aging and Adults with Physical Disabilities or the Public Guardian.District of ColumbiaDeclaration Must be signed by two witnesses. Neither of your witnesses may be: under the age of 18 related to you by blood, marriage or domestic partnership your attending physician an employee of your attending physician an employee of a health care facility where you are a patient the person who signed your declaration for you, if you were unable to sign it yourself a person entitled to any part of your estate by operation of law or under your will, or a person directly financially responsible for your medical care. If you are a patient in a skilled care facility, one witness must be a patient advocate or ombudsman. Durable Power of Attorney for Health Care Must be signed by two witnesses. Neither of your witnesses may be: under the age of 18 your health care attorney-in-fact your health care provider, or an employee of your health care provider. In addition, one of your witnesses must not be related to you by blood, marriage, or adoption and must not be entitled to any part of your estate by operation of law or under your will.FloridaLiving Will Must be signed by two witnesses, one of whom must not be your spouse or related to you by blood. Designation of Health Care Surrogate Must be signed by two witnesses, both of whom must be at least 18 years old. Neither witness may be your health care surrogate. In addition, one of your witnesses must not be your spouse or a blood relative.GeorgiaAdvance Directive for Health Care Must be signed by two witnesses. Neither of your witnesses may be: under the age of 18 your health care agent a person who is directly involved in your health care, or a person who will knowingly inherit anything from you or knowingly gain a financial benefit from your death. In addition, only one of your witnesses may be an employee, agent or medical staff member of the hospital, skilled nursing facility, hospice or other health care facility in which you are receiving health care. (This witness is still prohibited from being directly involved in your health care.)HawaiiAdvance Health Care Directive If you grant power to direct your burial or cremation, your document must be notarized. If you do not grant this power, you may choose to have your document signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be: your health care agent a health care provider, or an employee of a health care provider facility. In addition, at least one of your witnesses must not be related to you by blood, marriage or adoption—and must not be entitled to any part of your estate by operation of law or under your will.IdahoLiving Will and Durable Power of Attorney for Health Care Idaho law does not require that your documents be witnessed or notarized. However, witnesses are recommended to avoid concerns that the document was forged, that you were forced to sign it or that it does not represent your wishes. If you choose to have your documents witnessed, we suggest that your witnesses be at least 18 years old and that your health care agent not act as a witness.IllinoisDeclaration Must be signed by two witnesses. Neither of your witnesses may be: under the age of 18 the person who signed your declaration for you, if you were unable to sign it yourself a person entitled to any part of your estate by operation of law or under your will, or a person directly financially responsible for your medical care. Durable Power of Attorney for Health Care Must be signed by one witness. Your witness may not be: under the age of 18 your attending physician, advanced practice nurse, physician assistant, dentist, podiatric physician, optometrist, or psychologist a relative of any of the health care professionals listed just above an owner, operator or relative of an owner or operator of a health care facility in which you are a patient or resident (this includes directors or executive officers of an operator that is a corporate entity, but not other employees of the operator, such as non- owner chaplains, social workers or nurses) a parent, sibling, or descendant, or the spouse of a parent, sibling, or descendant, of either you, your agent, or your alternate agent, regardless of whether the relationship is by blood, marriage, or adoption, or your agent or alternate agent for health care. IndianaLiving Will Declaration Must be signed by two witnesses. Neither of your witnesses may be: under the age of 18 your parent, spouse, or child a person entitled to any part of your estate a person directly financially responsible for your medical care, or the person who signed your declaration for you, if you were unable to sign it yourself. Durable Power of Attorney for Health Care and Appointment of Health Care Representative Must be notarized.IowaDeclaration & Durable Power of Attorney for Health Care Both documents must follow the same requirements: Must be signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be: under the age of 18 your health care agent your health care provider, or an employee of your health care provider. In addition, one of your witnesses must not be related to you by blood, marriage, or adoption within the third degree of consanguinity (parents, children, siblings, grandchildren, grandparents, uncles, aunts, nephews, nieces, and great-grandchildren).KansasDeclaration Must be signed by two witnesses or notarized. Neither of your witnesses may be: under the age of 18 the person who signed your declaration for you, if you were unable to sign it yourself related to you by blood or marriage entitled to any part of your estate by operation of law or under your will, or directly financially responsible for your health care. Durable Power of Attorney for Health Care Decisions Must be signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be: under the age of 18 your agent for health care decisions related to you by blood, marriage, or adoption entitled to any part of your estate by operation of law or under your will, or directly financially responsible for your health care. KentuckyAdvance Directive Must be signed by two witnesses or notarized. Neither of your witnesses nor the notary may be: related to you by blood your beneficiary by operation of Kentucky law your attending physician an employee of a health care facility where you are a patient, unless the employee serves as a notary public, or directly financially responsible for your health Louisiana(Nolo does not provide legal information about estate planning in Louisiana.)MaineAdvance Health Care Directive The document must be signed by two witnesses. Although the law does not restrict who can serve as a witness, we suggest that your witnesses be at least 18 years old and that your health care agent not act as a witness.MarylandAdvance Directive The document must be signed by two witnesses. The person you name as your health care agent cannot serve as a witness. In addition, at least one of your witnesses must be a person who is not entitled to any portion of your estate, and who is not entitled to any financial benefit by reason of your death.MassachusettsDocument Directing Health Care & Health Care Proxy Both documents must be signed by two witnesses. Neither of your witnesses may be: under the age of 18, or your health care agent. MichiganDocument Directing Health Care Must be signed by two witnesses. Although the law does not restrict who can serve as a witness, we suggest that your witnesses be at least 18 years old and that your patient advocate not act as a witness. Patient Advocate Designation Must be signed by two witnesses. Neither of your witnesses may be: under the age of 18 your spouse, parent, child, grandchild, or sibling your patient advocate your physician an employee of your life or health insurance provider an employee of a health care facility where you are a patient an employee of a home for the aged where you live, or entitled to any portion of your estate by operation of law or under your will. MinnesotaHealth Care Directive Must be signed by two witnesses or notarized. Neither of your witnesses nor the notary may be your health care agent. If you choose to have the document witnessed, at least one of the witnesses may not be a health care provider or an employee of a provider directly attending to you. If you choose to have the document notarized, the notary may not be your health care agent.MississippiAdvance Health Care Directive Must be signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be: under the age of 18 your health care agent a health care provider, or an employee of a health care provider or facility. In addition, one witness must not be related to you by blood, marriage or adoption and must not be entitled to any part of your estate by operation of law or under your will.MissouriDeclaration Must be signed by two witnesses. Neither of your witnesses may be: under the age of 18, or the person who signed your declaration for you, if you were unable to sign it yourself. Durable Power of Attorney for Health Care If you grant your agent power to direct your burial or cremation, your document must be signed in front of two witnesses and notarized. If you do not grant this power, only the notary is necessary.MontanaDeclaration & Durable Power of Attorney for Health Care Both documents must be signed by two witnesses. Although the law does not restrict who can serve as a witness, we suggest that your witnesses be at least 18 years old and that your health care agent not act as a witness.NebraskaDeclaration Must be signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be: under the age of 18, or an employee of your life or health insurance provider. In addition, one witness may not be a director or employee of your treating health care provider. Durable Power of Attorney for Health Care If you grant your agent power to direct your burial or cremation, your document must be notarized. If you do not grant your agent the power to direct your burial or cremation, you may choose to have your document signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be: your attorney-in-fact for health care decisions your attending physician your spouse, parent, child, grandchild or sibling your presumptive heir or known devisee, or an employee of your life or health insurance provider. In addition, one of your witnesses must not be an administrator or employee of your health care provider.NevadaDeclaration Must be signed by two witnesses. Although the law does not restrict who can serve as a witness, we suggest that your witnesses be at least 18 years old and that your attorney-in-fact for health care decisions not act as a witness. Durable Power of Attorney for Health Care Decisions If you grant your agent power to direct your burial or cremation, your document must be notarized. If you do not grant this power, you may choose to have your document signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be: under the age of 18 your attorney-in-fact for health care decisions a health care provider an employee of a health care provider the operator of a health care facility, or an employee of the operator of a health care facility. In addition, one of your witnesses must not be related to you by blood, marriage, or adoption and must not be entitled to any part of your estate by operation of law or under your will.New HampshireAdvance Directive Must be signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be: under the age of 18 your health care agent your attending physician or advanced registered nurse practitioner (ARNP) or a person acting under the direction or control of the attending physician or ARNP your spouse, or entitled to any part of your estate by operation of law or under your will. In addition, no more than one witness may be a health or residential care provider or such provider's employee.New JerseyCombined Advance Directive for Health Care & Instruction Directive or Proxy Directive Any document must be signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be: under the age of 18, or your health care representative. New MexicoAdvance Health Care Directive The law does not require that your advance directive be witnessed. However, witnesses are recommended to avoid concerns that the document might be forged, that you were forced to sign it, or that it does not genuinely represent your wishes. If you choose to have your document witnessed, we suggest that your witnesses be at least 18 years old.New YorkDocument Directing Health Care & Health Care Proxy Both must be signed by two witnesses. Neither of your witnesses may be: under the age of 18 your health care agent, or the person who signed the declaration for you, if you were unable to sign it for yourself If you reside in a mental health facility, your witnesses must meet additional requirements. Ask your mental health care provider for more information.North CarolinaAdvance Directive Must be signed by two witnesses and notarized. Neither of your witnesses may be: related to you by blood or marriage your attending physician or mental health treatment provider a licensed health care provider who is (1) an employee of your attending physician or mental health treatment provider, (2) an employee of the health facility in which you are a patient, or (3) an employee of a nursing home or any adult care home where you reside a person entitled to any part of your estate by operation of law or under your will, or a person with a claim against you or your estate. Health Care Power of Attorney Must be signed by two witnesses and notarized. Neither of your witnesses may be: under the age of 18 related to you by blood or marriage your attending physician or mental health treatment provider a licensed health care provider who is (1) an employee of your attending physician or mental health treatment provider, (2) an employee of the health facility in which you are a patient, or (3) an employee of a nursing home or any adult care home where you reside a person entitled to any part of your estate by operation of law or under your will, or a person with a claim against you or your estate. North DakotaMust be signed by two witnesses or notarized. Neither the witnesses nor the notary may be: under the age of 18 your spouse or another person related to you by blood, marriage or adoption your health care agent a person entitled to any part of your estate upon your death, or a person with a claim against your estate. In addition, at least one witness must not be a health care or long-term care provider providing you with direct care or an employee of the health care or long-term care provider providing you with direct care. (This restriction does not apply to the notary.)OhioDeclaration Must be signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be: under the age of 18 related to you by blood, marriage, or adoption your attending physician an administrator of a nursing home where you receive care, or the person who signed your declaration, if you were unable to sign it yourself. Durable Power of Attorney for Health Care Must be signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be: under the age of 18 related to you by blood, marriage, or adoption your attorney-in-fact your attending physician, or an administrator of a nursing home where you receive care. OklahomaAdvance Directive for Health Care If you grant your agent power to direct your burial or cremation, your document must be signed in front of two witnesses and notarized. If you do not grant this power, only the witnesses are necessary. Neither of your witnesses may be: under the age of 18 related to you by blood, marriage, or adoption, or a person who might inherit from you. OregonAdvance Directive Must be signed by two witnesses. Neither of your witnesses may be: your health care representative, or your attending physician One witness may not be: related to you by blood, marriage or adoption an owner, operator or employee of a health care facility where you are a resident, or a person entitled to any part of your estate upon your death. PennsylvaniaDeclaration & Durable Power of Attorney for Health Care Both documents must be signed by two witnesses. Neither of your witnesses may be: under the age of 18, or the person who signed your declaration for you, if you were unable to sign it yourself. Rhode IslandDeclaration Must be signed by two witnesses. Your witnesses may not be related to you by blood or marriage. Durable Power of Attorney for Health Care If you grant your agent power to direct your burial or cremation, your document must be notarized. If you do not grant this power, you may choose to have your document signed by two witnesses or notarized. If your document will be notarized, the notary may not be: related to you by blood, marriage, or adoption, or entitled to any part of your estate by operation of law or under your will. If you choose to have the document witnessed, neither of your witnesses may be: under the age of 18 your health care agent a health care provider an employee of a health care provider the operator of a community care facility, or an employee of an operator of a community care provider. In addition, one of your witnesses must not be related to you by blood, marriage, or adoption and must not be entitled to any part of your estate by operation of law or under your will.South CarolinaDeclaration Must be signed by two witnesses and notarized. Neither of your witnesses may be: related to you by blood, marriage, or adoption your attending physician an employee of your attending physician a person directly financially responsible for your medical care a person entitled to any part of your estate by operation of law or under your will a beneficiary of your life insurance policy, or a person who has a claim against your estate. No more than one of your witnesses may be an employee of a health care facility where you are a patient. If you are in a hospital or nursing care facility when you sign your declaration, at least one of your witnesses must be an ombudsman designated by the state. Health Care Power of Attorney Must be signed by two witnesses and notarized. Neither of your witnesses may be: your health care agent your attending physician an employee of your attending physician related to you by blood, marriage, or adoption directly financially responsible for your medical care the beneficiary of an insurance policy on your life a person with a claim against your estate at the time you sign your document, or a person entitled to any portion of your estate by operation of law or under your will. In addition, only one witness may be an employee of a health care facility in which you are a patient.South DakotaLiving Will Declaration Must be signed by two witnesses, both of whom are at least 18 years old, and may also be notarized, although notarization is optional. Durable Power of Attorney for Health Care Must be signed by two witnesses, both of whom are at least 18 years old.TennesseeAdvance Health Care Directive Must be signed by two witnesses or a notary. If you choose to have your document witnessed, both witnesses must be competent adults and neither may be your health care agent. In addition, at least one of your witnesses must not be related to you by blood, marriage, or adoption—and must not be entitled to any part of your estate by operation of law or under your will.TexasDirective to Physicians and Family or Surrogates Must be signed by two witnesses. Your witnesses must be at least 18 years old. In addition, at least one of your witnesses may not be: your health care agent related to you by blood or marriage your attending physician an employee of your attending physician an employee of a health care facility in which you are a patient if the employee is providing direct care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility, or an employee of a health care facility in which you are a patient if the employee is providing direct care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility, or a person who is entitled to or has a claim against any part of your estate after your death. Medical Power of Attorney If you grant your agent power to direct your burial or cremation, your document must be signed by two witnesses and notarized. Your witnesses must be at least 18 years old. In addition, at least one of your witnesses may not be: your health care agent related to you by blood or marriage your attending physician an employee of your attending physician an employee of a health care facility in which you are a patient if the employee is providing direct care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility, or a person who is entitled to or has a claim against any part of your estate after your death. If you do not grant your agent power to direct your burial or cremation, you may choose to have your document signed by two witnesses (subject to the requirements, above) or notarized.UtahAdvance Health Care Directive Must be signed by one witness. Your witness may not be: under the age of 18 your health care agent related to you by blood or marriage a health care provider who is providing care to you an administrator at a health care facility where you are receiving care a person directly financially responsible for your medical care a beneficiary of a life insurance policy, trust, qualified plan, pay-on-death account, or transfer-on-death deed that is held, owned, made, or established by you or on your behalf entitled to benefit financially upon your death entitled to a right to, or interest in, any of your real or personal property upon your death, or the person who signed your document for you, if you were unable to sign it yourself. If you grant your agent power to direct your burial or cremation, your document must be signed in front of two witnesses.VermontAdvance Directive Must be signed by two witnesses. Neither witness may be: under the age of 18 your health care agent, or your spouse, parent, adult sibling, adult child, or adult grandchild In addition, if you are a patient in a hospital, nursing home or residential care facility, a designated person must sign the document after explaining it to you. Ask a patient representative for help with this requirement.VirginiaAdvance Medical Directive If you grant your agent power to direct your burial or cremation, your document must be signed in front of two witnesses and notarized—and your health care agent must sign the part of the document that grants the power. If you do not grant your agent power to direct your burial or cremation, only the witnesses are necessary. Your witnesses must be over the age of 18. In addition, we suggest that your health care agent not act as a witness.WashingtonHealth Care Directive Must be signed by two witnesses. Neither of your witnesses may be: under the age of 18 related to you by blood or marriage your attending physician an employee of your attending physician an employee of a health care facility where you are a patient a person entitled to any part of your estate by operation of law or under your will, or a person with a claim against your estate. Durable Power of Attorney for Health Care Must be signed by two witnesses or notarized. If you choose to have your document witnessed, neither of your witnesses may be: under the age of 18 related to you by blood, marriage, or state-registered domestic partnership, or a care provider for you at your home, at an adult family home, or at a long-term care facility if you live there. West VirginiaLiving Will & Medical Power of Attorney Both documents must meet the same requirements: Must be signed by two witnesses and notarized. Neither of your witnesses may be: under the age of 18 your health care representative or successor representative the person who signed your document, if you were unable to sign it yourself related to you by blood or marriage your attending physician a person directly financially responsible for your medical care, or a person entitled to any part of your estate by operation of law or under your will. WisconsinDeclaration to Physicians Must be signed by two witnesses. Neither of your witnesses may be: related to you by blood, marriage, or adoption your domestic partner your health care provider an employee of your health care provider, other than a chaplain or a social worker an employee of an inpatient health care facility where you are a patient, other than a chaplain or a social worker a person directly financially responsible for your medical care a person who has a claim against your estate, or a person entitled to any part of your estate by operation of law or under your will. Power of Attorney for Health Care Must be signed by two witnesses. Neither of your witnesses may be: under the age of 18 your health care agent related to you by blood, marriage, or adoption your domestic partner your health care provider an employee of your health care provider, other than a chaplain or a social worker an employee of an inpatient health care facility where you are a patient, other than a chaplain or a social worker a person directly financially responsible for your medical care, or a person with a claim against your estate. WyomingAdvance Health Care Directive Must be signed by two witnesses or notarized. If you choose to have the document witnessed, both witnesses must be competent adults who know you personally. In addition, neither of your witnesses may be: your health care agent a treating health care provider an employee of a treating health care provider the operator of a community care facility an employee of an operator of a community care facility the operator of a residential care facility, or an employee of an operator of a residential care facility. Nolo.com/legal-encyclopedia/finalization-requirements-health-care-directives.html
- Remote Online Notary Business in a Recession
What You Need to Know... As a Notary and Independent Business Owner, you need to be aware of what is happening in the world around you. In particular, you should be keeping an eye on inflation and the potential for an economic recession. These factors can have a significant impact on your Remote Online Notary Business. In this blog post, we will discuss the implications of rising inflation and an economic recession, and how you can prepare for them. What is inflation and how can it impact your Remote Online Notary Business? Inflation is a term used to describe the upward trend in prices over time. It can have significant impacts on your Remote Online Notary business, as it can impact your costs and customer behavior. For example, if inflation is high, you may need to increase your rates in order to stay competitive, however, this can sometimes be tricky, as many Secretaries of State have already set a fixed rate delineating the maximum amounts you are allowed to charge. This may mean as a Notary you must; Work with other notaries to address lower fees set by your States Check out our latest video on formulating Local Notary Groups in Notary Stars | Loan Signing Agent Training 101 | Important Concepts (Membership Required). Seek out additional benefits to offer Seek out alternative and complementary streams of income. Additionally, customers may be less likely to spend more money than they need to on services like notarizing or document signing if overall prices are rising. They may begin "window shopping" to see who can give them the best rates. However, there are strategies that you can employ to mitigate the effects of inflation on your business and continue providing excellent service despite rising costs. Be proactive about managing expenses (See Our Previous Blog) Monitor market conditions Negotiate better rates with your signing services and platform providers (yes, this is possible if you can show a track record of continuous business) By taking some of these steps you can help ensure that your Remote Online Notary business remains profitable and successful. What is an economic recession and how can it impact your Remote Online Notary Business? An economic recession is a period during which the economy contracts, usually accompanied by high unemployment, low overall productivity, and lower levels of business activity. During times of recession, it can be difficult for businesses to succeed, especially if they are heavily reliant on consumer spending. If you run a Remote Online Notary business, then this can be especially challenging. As a Remote Online Notary professional, your success depends largely on the ability of your clients to pay for your services. If consumers are experiencing financial hardship due to an economic recession, then they might be less inclined to obtain notarization services from you and go shopping for a "cheaper" alternative. The informed Notary will need to learn how to sell themselves and the value they bring to the transaction because in the end, we are all offering the exact same product for sale. Sell your experience and knowledge. Let people know this is a career you take seriously and that you are a highly trained professional that is the best for the job. You should make sure you let everyone know just how much training you have taken. For instance, make sure you have added your NNA, Notary2Pro, Notary Stars, Sign and Thrive, Coach Me Laura State Training, and Loan Signing System certifications to your profiles. Be proactive in your business. While it is not your place to point out errors in documents, if you catch a mistake that might help avoid further complications, don’t be afraid to say something. Be a professional. Be on time, return your calls and emails promptly, dress the part (you only have to do so from the waist up as a RON) and always follow through on your promises. Furthermore, if businesses are also struggling during this time and laying off employees or shutting down entirely, it may mean less work for you as a notary. However, with careful planning and preparation, it is possible to weather economic recessions successfully and continue providing excellent service to your clients. For example, you can diversify your client base to include both individuals and businesses, focus on providing specialized services that other notaries may be unwilling or unable to offer, or utilize different marketing strategies that reach consumers when they need your services most. If you are in a State that can offer some services others cannot then sell that service. You might be in a Biometrics State, a State that allows for Notarizing a Will, a State that still allows for RIN or any other things that let you stand out. Get to know your State’s laws and use them to your advantage. Use prior relationships and work experiences to tap into a market that others would have a difficult time tapping into just because you are “in the know” and they are not. Network with other Notaries in other states and locally. You can often pass referrals back and forth. Don’t be afraid to ask for business. Tell your Friends, Family, and Facebook what you do. Don’t assume anyone knows your business. Tell them about it and then ask if they or anyone they know may need your services. With careful management and adaptability in tough economic conditions, you can maintain success and keep your Remote Online Notary business thriving no matter what the economy throws your way. How can you prepare for rising inflation and an economic recession? There are several strategies that you can implement to prepare for rising inflation and an economic recession. One of the most important steps is to make sure that your business is living below or within your means so that you have enough savings to cushion yourself if your income dries up. This might be looking for a cheaper internet provider or finding a Remote Online Notary platform that is more reasonably priced. You will want to cut corners where possible, but do not make adjustments that will be detrimental to the services you are able to provide. Additionally, you should maintain a well-diversified portfolio of clientele, so that you do not have all your notarial "eggs" in one basket. Being too heavily concentrated in any single industry or sector could cause pain to your wallet. Other things to consider include being mindful about where you spend your money and cutting back unnecessary expenses wherever possible. But remember, training and education is not one of those areas that should be pared down if you want to weather the storm! And finally, it's always a good idea to stay informed about current economic trends, as well as forecasts for the future, so that you can plan accordingly. Recessions and rising inflation do not last forever. The well-informed Notary is forward-thinking and will be planning not only for the lean times ahead but also will be prepared for the economic rebound. By taking these proactive steps, you can help ensure that you're prepared for whatever comes your way. Final thoughts Inflation and recession are two important economic concepts to understand as a business owner. Both can impact your Remote Online Notary Business in different ways, so it is important to be prepared. By understanding what inflation and recession are and how they may affect your business, you can take steps now to help protect your company during these times. We hope this article has helped explain these concepts and give you some ideas on how to prepare for rising inflation and an economic recession.
- The SECURE Notarization Act of 2022 is Here!
You may have heard murmurs about the SECURE Notarization Act of 2022 floating around and we are here to set the record straight. This act, which was recently passed by the House of Representatives and now awaits consideration by the Senate, has massive implications for the notary industry, both good and bad, which means it is time for us to all get involved as much as we can. In this blog post, we'll break down exactly what the SECURE Notarization Act is and what it means for you. What is the SECURE Notarization Act? The SECURE Notarization Act is a bill that was recently passed by The House with the intention of modernizing and streamlining the notarization process. The act contains provisions that could change the way that notaries operate on a day-to-day basis, as well as provisions that will impact the entire Notary industry. Under the SECURE Notarization Act, all notarial acts will now be eligible to be performed using audio-visual technology (or as those of us in the know call it, Remote Online Notarization ( or "RON" for short), which means that in-person meetings will no longer be necessary. For some notaries, this will be a major inconvenience, as it will require them to invest in new audio-visual equipment and learn how to use it, and for the well-informed Notary, it will be heaven-sent. On the upside, Notaries will now be able to serve a wider geographic area than ever before since they won't be restricted by their location. But there is always a downside... Notaries will now no longer be competing with their cohorts in their own backyard, but potentially now against every other Notary in the country. Another provision of the SECURE Notarization Act requires all notarial acts to be recorded and stored electronically. This provision is intended to prevent fraud and increase transparency, but it could also prove to be a hassle for Notaries who are used to working with paper documents. In addition, under the new law, all electronic records must be maintained for at least 10 years - which means that Notaries will need to find a way to securely store their data for an extended period of time. What Does the SECURE Notarization Act Mean for You? If you're a traditional "pen and paper" notary, the SECURE Notarization Act of 2022 will likely have a major impact on your work. Perhaps the most significant change for the traditional paper Notary is that you'll now be required to use audio-visual equipment whenever you perform a remote notarial act - which likely means investing in new technology and learning how to use it. You'll need to find a way to electronically store your records for at least 10 years - which could entail upgrading your current storage system or finding a new one entirely. On the bright side, most Remote Notary Platforms will do a lot of this work for you. But Is There a Catch....? Many employers and notary signing services are also going to feel the impact of the SECURE Notarization Act. Since any signing could soon be opted to be performed as a RON signing, many signing services and companies will need to invest in new workflows, change "tried and true" methods for running their businesses and train their employees on how this new form of signing could impact their business. Additionally, signing services and employers will need to ensure that their employees are properly trained on how to spot fraudulent documents, in some instances how to properly tag documents and how to quickly and efficiently review documents - all of which could lead to an increase in costs associated with training and employee development. And with these new costs comes the potential for a reduction in pay to the Notary which we have already seen with certain platforms. Not to mention the farming out our local work to low-paying call centers out of State. Look for new partnerships at Notary Stars on the horizon to help keep you educated as we have major reinforcements coming in soon. Who will bear the brunt of these increased costs? Could it be the client paying higher fees? Could it be the signing services and employers willing to take a “haircut?” Or could it be the Notary who suffers from the trickle-down effect? Suffice it to say, while we are still very early in the game, you owe it to yourself to be the leader of the pack and not the follower. Don't allow yourself to be fully reliant on others to create your business and stream of revenue! There is no better time than the present to start building your client list. The Bottom Line The passage of the SECURE Notarization Act of 2022 is a major event for the Notary industry - one that will have far-reaching implications for both notaries and signing services alike. While there are some negatives associated with the new law, there are many more positives, such as the fact that notaries will now be able to serve a wider geographic area than ever before thanks to audio-visual technology. Only time will tell how exactly the SECURE Notarization Act of 2022 will impact the Notary industry as a whole - but one thing is certain: it's going to be interesting to watch! So are you going to sit on the sidelines and watch? Or are you going to get involved in the game and help shape the outcome?
- Arizona Vehicle eTitles
Vehicle Titles – Arizona Arizona is going paperless with motor vehicle titles and eliminating the need for a Notarization. This actually has been in beta testing since mid 2021 and initially began as 'Sold Notices' on the ADOT website. It now has expanded to the eTitle process effective September of 2022. This does not effect real estate transactions **think Mobile Homes. If the Seller is requesting a notarization, it can still be done if they have the previous paper Title version. But the DMV will also accept those without a notarization. For an overview of the process go to; https://azdot.gov/motor-vehicles/vehicle-services/vehicle-title-and-registration You can use the information in this article to direct your calls and inquiries to the websites listed below. This is effective on 09/24/2022 Electronic Titles Are Here—Safe, Secure, Convenient No more paper When you title or register a vehicle in Arizona, your title information is stored electronically and you no longer automatically receive a paper title. You can view your title information in your AZ MVD Now account. Similarly, when you pay off a vehicle loan, the title will be held electronically. If a paper title is needed, for reasons such as moving out of state, you can use the Title Replacement service on AZ MVD Now. The fee is $4. eTitle Transfer are currently only available only for non-commercial vehicles Requirements for eTitle Transfer include: Arizona title and current Arizona registration One owner to one owner Passenger vehicles Other requirement may apply The five-step process can be completed quickly online. You can also watch video series on YouTube https://www.youtube.com/watch?v=HVHAEqIBJEg&t=3s Article written by Beth Hathoot for Notary Stars 10/2022 References; www.AzDOT.gov www.AzMVDnow.gov House Bill; Az HB217 Chapter 66
- Notarize.com: Revolutionary or Costly & Reductive?
Notarize.com is making its way through the United States, strategically, picking and choosing exactly how it rolls itself out to Notaries, The General Public, and Title & Escrow. Here is what we know (and we hope you'll listen). Aside from going after some of the biggest names in the Real Estate Industry for business they are also partnering with FedEx and UPS Stores across the country. That's okay, right? The free market, free enterprise, etc? But there are a lot of things we at Notary Stars see as problems or hurdles that Notaries, The Public, and Notarize all need to analyze and hopefully help change! #1) NOTARIZE.COM IS NOT APPROVED BY EVERY STATE'S SECRETARY OF STATE BUT SEEMS TO BE ADVERTISING IN EVERY STATE THROUGH LOCAL SEARCHES THROUGH SEO FOR "CONVENIENCE." THE IDENTIFIABLE PROBLEM WE SEE WITH THIS IS THAT NOTARIZATION SEEMS TO BE ASKING NOTARIZATION FEES WELL ABOVE MOST STATES' NOTARY MINIMUMS... YET PAYING THE NOTARY ONLY $5 PER NOTARIZATION AS A CONTRACTOR IN AN ENTIRELY DIFFERENT STATE. No matter what State you are in these days, Notarize.com, seems to already have a landing page generated to advertise its solution. They want to sell you the convenience of getting your documents Notarized online for $25 for the first document and $10 for each additional Notarized document. It sounds good for convenience but what they don't tell you is that if you are located in Arizona any Notary can only charge you LEGALLY $10 per Notarized document, even for RON. Which is $15 above the asking price. This will vary by States for in-person and Remote Online Notarizations as well. How are they doing this? That is easy. They aren't using local Notaries for your State (the whole economic catastrophe of that is another story). They outsource your Notary needs or Notary Business to other States where they can charge more and then still pay the Notary less because they have "volume." And, at much less percentages than the Mobile Notary Public & Loan Signing Agency Industry has ever seen. 2) NOTARIZE.COM IS CHARGING REAL ESTATE CLIENTS FULL LOAN SIGNING AGENT FEES (RANGING FROM $125 TO 200+ PER CLOSING) BUT ONLY OFFERING $15-25 MAXIMUM TO THEIR NOTARIES UNDER CONTRACT. Loan Signing Agents have been paid anywhere from $85to $250 for decades for their services for Mobile Notary. Loan Signing Agents They take additional training to explain documents in a sale, resale, or refinance of a home to the client but now that Notarize has come along Title Companies could be getting shafted on the customer service aspects of external closings. Would you take the time to explain a Real Estate Transaction if you were only making $15 to $25? Real Estate transactions on average take no longer than 6 months to start to come to reality and can take over 45 minutes to 1 hour to sign properly, traditionally. It is understandable trying to "streamline," but why are Title Companies not resisting this? #3) AS OF THIS POSTING. A NOTARY IN CERTAIN STATES CAN "BRING THEIR OWN TITLE CLIENTS" TO THE PLATFORM BUT WHEN THEY COMPLETE THEIR ORDER, ONLY THE SIGERS HAVE ACCESS TO THE THEIR SIGNED DOCUMENTS WHICH TAKES THE NOTARY LOAN SIGNING AGENT OUT OF THE EQUATION ALTOGETHER WITH THEIR TITLE CLIENT. WE CAN JUST CALL THIS A WHITEWASH OF WHITE LABELING. Loan Signing Agents need to be careful of sites that operate like this. Especially if you are concerned with having a direct business. Forcing Title to obtain the signed documents from either the Signers or Notarize only pushes your clients closer to a technology designed to take your job away. #4) IT IS RUMORED THAT NOTARIZE.COM IS ALLOWING PEOPLE (NOTARIES WITH CLICKERS) TO TAKE ORDERS AT RANDOM SO THEY CAN OBTAIN MORE ORDERS. This has not yet been verified but it is rumored that Notaries are using third-party programs and just clicking away to get any order on the Notarize platform which just turns what use to be an eloquent career into a cattle call. This truly goes against what we as Notaries & Loan Signing Agents have stood for years. HOW DO WE CHANGE THIS? We could decide NOT to work for platforms that do not pay adequate fees, or outsource our local Notary work, and write Title Agencies locally. That's a start. But decisions about our industry are not made at the National Notary Association's Annual Conference. Nor, at any other conference put together for us. They are made in two very prominent places; The American Escrow Association's Annual Conference & Your Local State's Local Escrow Association's Conference. If you spend any money this year on any conferences you should attend these two conferences and no others. Talk to the leaders of Title and Escrow and vocalize your opinions. These types of conferences may not be as affordable as the National Notary Association's conferences but The NNA is only going to invite RON Platforms in to talk and sell you their platforms- that's what conferences are to do. At least by attending these conferences you can mingle with decision makers to vocalize your thoughts on how platforms should take Notary Loan Signing Agents into consideration.
- Your Notary & Loan Signing Agent Business & Tax Time
READ ALL OF THIS YEAR'S TAX TIPS BY CLICKING HERE: https://www.notarystars.com/blog/notary-tax-tip-space-equipment-rentals-purchases https://www.notarystars.com/blog/can-signing-agents-write-off-meals-on-taxes-yes-and-it-pays-to-eat-in-2023-as-long-as-you-do-things-properly https://www.notarystars.com/blog/mileage-for-notary-business-owners https://www.notarystars.com/blog/bad-signing-agencies-unpaid-signings-tax-tips https://www.notarystars.com/blog/tax-tips-from-sue-hope-glen-hill https://www.notarystars.com/blog/tax-tips-from-sue-hope-glen-hill-january-2023 https://www.notarystars.com/blog/your-notary-loan-signing-agent-business-tax-time Your Notary & Loan Signing Agent Business & Tax Time If you missed our latest Blog titled Loan Signing Agents & End of Year Planning, The Pod Cast with The Notary Entrepreneur or our LIVE Episode from Notary Stars Unlimited don’t forget to check them out as they lead into our timely topic for the month: Your Notary Business & Tax Time We've been focusing a lot of our efforts on putting together information that will truly help you with your Notary & Loan Signing Agent business for months now and we appreciate your appreciation. In fact, because of your appreciation and participation, we are now able to bring in even more experts to help guide you in products, and services, and also to help you grow and manage your Notary Business. This month, Ms. Sue Hope from Notary Assist (a very respected Notary Accounting Software) will be helping us with our topic of the month. We will be engaging with Ms. Hope and her colleague Glen Hill who is a professional accountant who specifically deals with Notary Taxes during our Notary Boot Camp sessions on October 7th, 2022. This session is for members only, however, this blog will be updated for non-members with any amendments. Until then here are Four Important Items To Address With Your Notary Business & Taxes : 1. You Should Make Sure W9s With Your Address Are Up-To-Date It is highly likely as a Notary Public & Loan Signing Agent you are working with the general public. From the general public you will be paid directly and most likely will have no need for a W9. However, Signing Agencies and Title Agencies are going to mail you your 1099 for your taxes to the address on your W9 (or email address listed in your portals if they do electronic W9s). If you've changed or updated your address it is so important that you get these updated before December 31st, each year. If you have not updated your W9 it is not the fault of the companies you are working with if they have proof they mailed you a 1099 and it delays your ability to file your taxes on time. This may cost you time to file with what you have come filing time to re-file your taxes with updated information/earnings. 2. You Should Have Trustworthy Accounting Software & Becareful Using Free Software Notaries are afraid of Quickbooks and unless you've taken an accounting class- we don't blame you at all! We are afraid of it too but we have an accountant to do most of our grunt work because we are not accountants. There are, however, two great software we know of that is specifically designed for the Notary Loan Singing Agent's business and that is Notary Assist and Notary Gadget. Notary Gadget visited us last year around this time to give a presentation and this year Notary Assist will be presenting about their software and assisting us with tax-related questions. You may watch both presentations after October 7th, 2022 at Notary Stars, Accounting for Notaries Page. Please be aware that using Notary Management Software to manage your signings outside of that software gives that software the ability to market to your direct clients. We have always advised Notaries not to use any Notary Management Software with their direct clients as they can use the information to lure them away from you directly. These two software companies have no interest in your clients whatsoever and will not try to get them to switch to using their platform to work with you directly. 3. You Need To Know What You Can Write Off Write Offs are very important for Notaries yet so many avoid keeping track of what they are able to actually write off. We will be going much more in-depth on this during our Podcast with The Notary Entrprenuer this month which will be released also on our YouTube Channel as well as in Notary Stars Unlimited Free Training Session. A few things you should not forget to write off until then are insurance, background checks, mileage, paper, toner, training, supplies, car maintenance, use of home (home office), and more! We will be going much more in-depth on this in our podcast as well as on Notary Stars Unlimimited after our October 7th Notary Boot Camp for members with Notary Assist. 4. You Have To Understand When You Earned And When You Were Paid Depending on how busy you are the last month of the year and when that check for your services comes in will determine how much taxes you owe or get back. If you render your services in one year but are paid in the next year your 1099 should reflect this. Otherwise, you may be paying taxes for money you haven't yet earned. You are only to be concerned with the amount of money you were paid in any fiscal year. And it is important to have good bookkeeping skills and double-check your 1099s to ensure you aren't paying taxes early. If you are a very busy Loan Signing Agent you might find yourself paying way too much for your taxes ahead of time (before you even have the money to pay it). Watch The PodCast Filming About This Blog Below: READ ALL OF THIS YEAR'S TAX TIPS BY CLICKING HERE: https://www.notarystars.com/blog/notary-tax-tip-space-equipment-rentals-purchases https://www.notarystars.com/blog/can-signing-agents-write-off-meals-on-taxes-yes-and-it-pays-to-eat-in-2023-as-long-as-you-do-things-properly https://www.notarystars.com/blog/mileage-for-notary-business-owners https://www.notarystars.com/blog/bad-signing-agencies-unpaid-signings-tax-tips https://www.notarystars.com/blog/tax-tips-from-sue-hope-glen-hill https://www.notarystars.com/blog/tax-tips-from-sue-hope-glen-hill-january-2023 https://www.notarystars.com/blog/your-notary-loan-signing-agent-business-tax-time
- There is a new Matricula Consular card in town!
There is a new Matricula Consular card in town! The matrícula consular is a photo ID card issued by the Mexican government to Mexican nationals living outside of Mexico. The card is extremely popular for Mexicans in the United States. It’s a way for the Mexican government to keep track of its citizens for consular and tax purposes, collect data on them, and provide identification. Several U.S. states, municipalities, and businesses accept the card as an official form of identification. In fact, many financial institutions accept the card as a valid proof of identification. Mexican nationals can use a matrícula consular to obtain an Individual Taxpayer Identification Number (ITIN) in order to pay federal income taxes. Some states (but not all) accept the card for the purpose of obtaining a driver’s license. The card does not define U.S. immigration status for the person to whom it is issued. Therefore, both lawfully present and undocumented immigrants may use the matrícula consular for identification purposes. For Notaries Public in many states, we could not accept them in the past because they did not contain the one element required by notary regulations --- it did not contain a physical description of the card holder. As of July 2022 that has changed. There is a new generation of Matricula Cards being issued. An announcement made by Foreign Secretary Marcelo Ebrard at the Mexican consulate in Los Angeles on June 9, 2022, the Foreign Ministry reports that the new third-generation consular ID cards will be issued. The new third-generation consular ID cards use the latest technological advances, which make them virtually unforgeable. It also includes information such as eye and hair color, height and weight and, for minors, the names of their fathers, mothers and/or guardians. These features will provide more certainty about the user's identity and increase acceptance of the consular ID cards as an identity document. With the new third-generation consular ID card, we will have that missing piece of information that will allow us to accept these as identification. The roll out may be slow, just keep in mind that you are looking for physical description in order to know if you are being presented with a version of the card that you can accept. One caveat; for real estate documents; this does not establish the signer as legally being present in the United States and the lender may require additional proof such as a Visa Immigration Card, Green Card, etc. As always, please check with your state regulating agency, SOS, Governor’s Office, etc, to make certain that your state allows Notaries Public to accept a Matricula Consular Card. Here is the best image I could find of the new Matrícula card:
- The Top 7 Reasons RON Can Be Difficult
So you have looked at all the positives and have decided that you want to be a Remote Online Notary. That’s fantastic! But wait…… While RON is an amazing field of notarization and it appears the sky’s the limit, here is a list (granted shorter than the pro’s list) of possible drawbacks that can come along with being a RON Notary. Let’s dive into the top 8 reasons being a RON Notary can be difficult …. Differing Technical Abilities - Whether it is you or your client, having a working comfort with technology is probably the biggest factor in your success as a RON Agent. You will be working with clients of different ages and backgrounds, differing technical aptitudes, and a wide array of different devices. A good RON must have a comfort level with their own technical abilities and a good working knowledge of what the clients may be encountering. When you become a Remote Online Notary, not only will you be a Notary, but you will also become a part-time tech support agent. Not All Documents Work - While it may feel like the opportunities are limitless, there are a few documents that just don’t work with Online Notarization. Last Will and Testaments can be tough, as most states want pen to paper. The same is true for Notes when it comes to lending. While that’s not to say they can’t be done, these can be sticking points that you may encounter. As well, single one-off documents can sometimes be cost prohibitive given what you are allowed to charge by state mandate and then subtracting the cost of your platform and payment processing company. Lack of Understanding - While Remote Notarization has been on the scene for a while now, there are still TONS of people that have never heard of it and never encountered this new technology. It’s all about teaching people about what you do and how it is legal. But keep in mind that ultimately it’s up to the recipient of the document as to whether or not they feel comfortable accepting an electronically notarized document. While it may be legal, it may not always be “acceptable” to the end-user. Potential For Fraud - Unfortunately, just like so many other fields in today’s world, there is the potential for fraud. While it may be more difficult to pass Knowledge Based Assessment (KBA) and “trick” credential analysis, it is not impossible to do so. The biggest area of concern is when it comes to immediate family. Think of your parents, spouse or kids. If you have been with any of these people for a long time (or literally a lifetime in your parents/kids case), you could probably very easily take and pass your loved one’s KBA. It is especially critical that you check for understanding when it comes to elderly signers so as to ward off any potential for abuse! Areas With Limited Access - Certain places just won’t work with Remote Online Notary. There are many areas with poor internet connectivity. People trying to sign from work on their lunch breaks can sometimes be behind fairly strong firewalls or software that prevents ease of access to the outside world. Ad-blockers and other programs “fighting” for the camera can cause issues. And then there are locales and governments that create their own issues for the signers. The Great Firewall of China would be an excellent example of a place with access restrictions that cannot always be overcome. Lacking Credit History (or Too Much Credit History) - KBA (the five-question, multiple choice quiz signers have to pass in a 2-minute timed test) is not always able to be easily done. A soft credit pull is typically performed to compile these questions. This can be an issue for the very young that have no credit, the elderly that don't like to use credit, the spouse of the person who put everything in their own name or the expatriate that hasn’t lived in the country for 40 years. Conversely, an investor that has had hundreds of properties in their name can be equally confused by too many questions about properties and locations they only held for a limited time. All of these people can have difficulty with KBA. Knowledge as a Notary Before Being a RON - Before you become a Remote Online Notary, it is imperative that you first know how to be a Notary. As mentioned before, this is new territory for most people and, at least in the beginning, it will be new for you too. If you do not fully understand the difference between an Acknowledgement and a Jurat, or you are not quick at scanning through a document to look for blanks or problem spots, you could be setting yourself up for disaster. While learning on the job is part of the territory, knowing the most basic aspects of being a Notary first is very important. Upfront Expenses and State Maximum Fees - The up-front costs may be many in the beginning (digital certificates, platform fees, state fees, licensure, E&O insurance, etc.) and could be cost-prohibitive for some Notaries. These initial expenses may be a big bite to chew off in the beginning. And, unfortunately in some states, the Secretary of State further ties your hands by dictating the maximum amount you can charge for your services. Sometimes the amount allowed by law won’t even cover your expenses. It is imperative that you crunch the number FIRST before you crunch by the numbers.
- How Click Funnels and Affiliate Marketing are Changing the Notary Loan Signing Agent Industry
When I first started as a Mobile Notary Public & Loan Signing Agent I was told by the woman who taught me not to tell anyone what I was doing (or how much I made doing it because I'd surely create competition for myself. And, I did just that while I built up my own Notary Signing Agency and eventually Notary Stars over the past decade. Now, we often hear about how big tech companies like Snapdocs are causing us issues as Loan Signing Agents for various reasons but they are not the only dragon to slay when it comes to our industry. Nearly, and every, industry is now subject to being marketed to by Affiliate Marketers and Click Funnels. They (Affiliate Marketers & Click Funnels) are the new late-night infomercials that have sold everything from careers to lotions, potions, and pills to get rich while those who buy into it rarely get their dreams to come true. I wanted to break this down for you and if you share one article this year, please share this one with a fellow notary, because at this point we either need to all ban together against Affiliate Marketers and Click Funnels or they are going to truly ruin our industry. An Affiliate Marketer is a person, and sometimes a group of people, who have great personalities, are often magnetic, and are able to speak to an audience with great ease about a certain product they used. They are provided links for the product that when you click on them you are tracked instantly until you buy the product (often for up to one year as an incentive for the affiliate marketer to create a journey for you). Now, these people do not do this alone at all. If you hear them speak once about something you are probably not going to buy anything they are selling. We were all told on larger purchases to be careful about things like that. So they start Click Funnels, which are designed to start a real conversation with you, often one-sided, because they've already found what you are interested in the most. Which in our industry is earning money. So they pull at your heartstrings talking about how you can "Make Six-Figures" and tell you all the things about how they love their job and life. They don't go over any of the hard parts of the job they are selling because many of them are not actually doing the job at all. They are making money posting social media videos for you to click on, be tracked, and then a commission off of you once you finally take the plunge into what they are selling. One of the most recent discoveries is that these marketers are being paid up to 35% of an entry-level course which equals about $175 just to get you into the door. Honestly, I would make TicTok videos all day for those prices (if I was dishonest). Most of us never read the fine print on their sites and with social media, they get you into their Click Funnels without you ever having to visit the sites. But then it doesn't stop there- everything you do after you are in the door and everything they suggest to you is making them money! My personal favorite is the woman who talks about doing a signing, grabbing some groceries, and boom it's a $1000 day. But if you dig deeper, past the fake news article anyone can purchase to be running from THE SUN, you'll find that she's in a city with a population of 170,000 people and only has just a few orders under her belt combined between Snapdocs, SigningOrder, and ZigSig. She talks about how she made $14,000 in one month and although that is possible we don't believe it to be exactly true based on her location and public order counts. We actually sent her some orders just to test her and she'd definitely not take orders for $175 per signing. She's taking Loan Signings for under $85 dollars and is very happy to get them! Yet we don't see her talking about those. Because she's going to make her money on the back end of things when you buy what she is selling. All you have to do to get a news article these days is to buy one so please don't believe everything you read. These stories are fabricated to lure people in.
- Alphabet Soup for Notary Loan Signing Agents
Alphabet Soup: RIN, RON and IPEN If it hasn’t happened to you yet, at some point in your Remote Online Notary career, the phone will ring and the person on the other end will ask for “Ron.” Before you hang up on this telemarketer rudely interrupting your day or, if you are more polite I am, you might say, “I’m sorry, I think you have the wrong number,” think for a moment about what the person on the other end of the call may be looking for. They are likely seeking Remote Online Notarization, but don’t understand that RON is an acronym and not a person. It’s not hard to blame someone for misunderstanding the use of RON, as it is bandied about like the word Kleenex or Band-Aid. RON is shorthand for Remote Online Notarization. It is the most common term that people use to describe Notarizing Documents remotely online. But even within the industry, people will refer to themselves as a RON Notary (Remote Online Notarization Notary, I guess?). There is also RIN and IPEN. And don’t forget VPN, KBA, & KFC (ok, maybe forget that last one). This industry can be an Alphabet Soup of letters, so let’s break it down a bit to simplify some terms for you. There are essentially four types of Notarization; Traditional Paper Notarization, IPEN, RIN and RON. What follows is a brief look at what the types, what the acronyms stand for and the most basic idea behind what they look like. Traditional (Paper) Notarization - This one is likely a no-brainer for most people and the way it has been done for literally thousands of years. The signing is performed in person and the document is actual, physical paper, that is signed and stamped. IPEN - This is an In-Person Electronic Notarization. This is just like a traditional notarization done face-to-face, the only difference being that the documents are electronic and not on paper. IDs are checked as they would be in a traditional manner, but everything is reviewed and signed on a computer tablet or smartphone. RIN - This is Remote Ink Notarization. In this type of Notarizing documents, the presence of the parties is virtual via a webcam, but the documents are then signed in ink on actual paper, returned to the notary to affix an ink stamp, and then the documents are forwarded to the receiving party. **WARNING!!** This type of signing is not permitted in many states and where it is, it may have been provisional during the COVID-19 pandemic, but has since been eliminated. Be careful with this type of signing, even if your state allows it. RON - This is Remote Online Notarization. It is the one that in most people’s minds constitutes Online Notarization. In this style of notarization, all parties meet virtually online and all documents are signed electronically. And there you have it! You are now armed with more knowledge about the types of signings available than most any of your counterparts in the industry. It is as easy as ABC. If you want to learn more about this and so many other topics related to RON, join us at NotaryStars.com where we have weekly classes on the new Remote Online frontier, as well as all other aspects of running a successful notarial business! See you on Fridays at 5pm PST, or catch us in the replays. Get on the computer and get stamping!!
















