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- Are Signing Agent Fees Collapsing?
We often hear a great deal on "the Internet," about Signing Agent Fees and you may be wondering if they are collapsing? This is a great question but in order to answer it, we really need to look at the bigger picture. Yes, fees were higher years ago when there were only a handful of Notary Loan Signing Agents in every town across America. Things were different altogether back then actually. There were very few Signing Agencies in existence and there were only a few Notary Platforms that generally charged the Notary to advertise. If a Title Company wanted to book a Notary Loan Signing Agent- they picked up the phone, called you, and they booked you themselves. You may be asking yourself what happened? What has changed over the years is a couple of things. First and foremost, Signing Agencies became more prevalent but that wasn't the end of our problems. Yes, they took their cut but they did their fair share of the work getting business for the Signing Agents, answering their questions, scheduling, and sometimes more. The next problem that entered our industry was Big Tech like SnapDocs. From our research it has been discovered for a new client to onboard with Snapdocs it's $2,500 to start an account and $25 per order! This means if you have a file that would pay $175, SnapDocs is getting a minimum of $25 off the top of the order, and then the Signing Agency or Title Agency using the platform is getting a cut on top of that. That means a $175 file is now down to about $100 for the Notary (or less if the client is paying less than $175- and a lot of them are nowadays). The third problem in this industry is actually THE INTERNET! And that will take a fresh paragraph to discuss. The Internet didn't just cut our fees because it made things easier- it cut our fees because it saturated our market. Take a look at YouTube and just enter anything about Loan Signing Agent and see how many people are on just this channel alone talking about how they made "Six-Figures" as a Notary Loan Signing Agent. And then, look at how many views some of those videos (which were once paid advertisements) have. Influencers inside and outside of our industry keep pulling at the heartstrings of people who really need a stable career but they aren't telling them the truth. WHY- YOU ASK? Because they get money for you signing up for their courses and they get money for their YouTube videos as well. Simply put: The more Loan Signing Agents there are in every zip code across America the less of a demand they are to Title and Escrow. You combine that with Singing Agencies (which are needed to help manage busier offices), and Platform Management fees- there are too many hands-on everyone's fees! By The Way- Please stop blaming newer Notary Loan Signing Agents for taking "low balling fees." There are several factors that go into what is considered a "low ball fee." Location, Distance, Size of Package, and Volume are several factors that make up a Notary Loan Signing Agents decision to accept an order or not. And sometimes, it's just about gaining experience and building relationships that will increase fees over time. Here Is Where Most Notary Loan Signing Agents Get It All Wrong (Are You Ready?) 1. This is a turn-key business in a lot of ways but marketing is not one of them. The cost to enter this industry is insanely low and requires very little education. Do you know of many other businesses you can start for under $2500, or even $1500 in some States? One thing The Internet or those Make Six-Figure courses won't tell you is that those who make the bigger dollars invested in marketing their business. We can assure you- Six-Figure incomes don't come easy! 2. You kind of have to work with Signing Agencies to fill in your calendar but you really should be focused on direct business- and a mix of direct business at that. This means you should be working with the General Public, Signing Services, and Title Companies Direct. As a business owner in a niche market, beggers can't be choosers until they've proven themselves to their clients. Start out with competitive fees and slowly increase them over time. Never burn bridges! You may need those "low-ballers" one day to fill in your calendar. And who knows, you might build a relationship with them to get them to pay you more. 3. You have to set yourself apart for Direct Business. Every Title Company has hundreds of Notaries reaching out to them every month. What makes you different? What does your resume say that other Notary Signing Agent Resumes don't say? Do you have more training listed- is it verifiable? Do you have more signings- how do they know? 4. Your paycheck will be a direct reflection of the amount of work you put into marking your business. Relationships and signings will not just fall from the sky into your lap. 5. Your cost is your cost! You need to make sure to adjust your supplies (even including your vehicle) to keep your cost low!
- The Five Key Components of a Stellar Notary Profile
For many Notary Loan Signing Agents who started within the past two years, you may find that signings are slowing down as interest rates begin to rise again. You are starting to see text offers are slowing down and direct business that focused primarily on Refinances is drying up. If you find yourself looking around and wondering why more people aren't feeling a little more anxious about this, you aren't alone! Those of us who have been in the industry for a while though understand that Real Estate and Lending have always been feast or famine. But don't worry! During the COVID-19 Pandemic, our industry as mobile Notaries was in demand more than they've ever been before for two solid years. Title and Attorney offices that never used mobile Notaries before turned to us and we were able to build new relationships and grow. But as things simmer back down to "normal," even those new relationships we built have less and less work to go around because most markets are a bit saturated for two reasons. The first reason is that during the Pandemic there was a major influx of Notary Loan Signing Agents joining the workforce due to more free time, job losses, and overall demand. The second is because the cat's just out of the bag now about our industry, thanks to Social Media, and everyone now knows what we can make if we do our job well. It is a fact, that between the end of 2019 and the Present Day there were at least 3-5 times more Notary Loan Signing Agents in every zip code across the United States than ever before. So as we return to normal on so many levels you may be asking yourself How Do I Stand Out? There are five key components to a Notary Profile that you should consider in order to stand out within the databases to help you continue to receive more work as a Notary Loan Signing Agent. #1) Profile Name & Photo (Not A Logo & Business Name) It is always best for Notaries to use the name that is written on their commission as the name on their Notary Profile and not a business name. If you have formulated a business entity, such as an LLC, you can input your payment name on most profiles differently (or on your invoices when you send them), then on your actual profile name. If your business name sounds like a Signing Service and you are not contracted as a Signing Service with the Signing Agency or Title Agency they are going to pass you up thinking you are outsourcing work when it is not allowed. There are people who will disagree with me on this but a professional photo is needed when you create a Notary Profile. The more professional the better. Many of us make more money than 90% of Realtors but will complain about having to spend money on headshots. You should take a good look at the top producing Realtors in your area and see if you can't find out who did their headshots and order some for yourself. Remember what they say- a photo is worth a thousand words! #2) A Very Strong Well Written, Honest, Biography #3) References #4) Additional Training Here is an example (we ask you to adapt as your own, not just copy and paste): My name is John Star and I have been a Notary Loan Signing Agent since January 14th, 2022. I have taken the National Notary Association's Certified Signing Agent Exam and I have also continued my education with Notary2Pro and NotaryStars.com where I've obtained an additional 150+ hours of training for various loan products. Because of my training, I am comfortable with Purchases, Cash Purchases, Simultaneous Closings, Sales, Refinances, VA Loans, FHA Loans, Reverse Mortgages, Hard Money Loans, Agricultural Loans, and more! Please feel free to verify my training through Notary Stars using my membership ID: 0000. Since I began my career as a Notary Loan Signing Agent I have been able to work with some amazing companies who would recommend me such as Amrock, Mortgage Connect, Superior Notary Services, and Unlimited Ink Notary to name a few. I entered this industry because I love working with people, traveling around my city, and truly enjoy making sure things get done right. I am equipped with a dual tray laser printer, a mobile laser printer, and a reliable scanner for great quality scan backs. I also take pride in not charging more for using these items because I want to make sure your closing goes smoothly. I like to see myself as a problem solver, not a problem creator. #5) Credentials Must Be Up To Date & Sufficient So many notaries let their E&O, W9, and Background Check either lapse or fall to the wayside when updating their credentials. You have to think about your profile like a Resume and one that is buried within over 100,000 other resumes- because it is! Notary databases have anywhere from 80k to 100k Notary profiles. The larger the city the more competition you will have. You just can't leave any stone unturned when it comes to the opportunity to get noticed!
- Understanding Mortgage Forbearance vs Loan Modifications
Most of us have seen those orders come over on our phones for a signing that is listed as a Loan Modification. And if we have taken those orders, we have found the packages to be pretty small and the whole signing process to be quick and easy. And then there is the Forbearance question that we run into on other loan signings and maybe we don't quite understand what that's all about. Let's take a quick look at it here. A mortgage forbearance is a temporary pause in mortgage payments approved by the lender. The lender agrees in advance to allow you to stop making payments or make a reduced payment monthly. The Pandemic gave rise to this and it came onto our radar when we started hearing about businesses that were unable to operate and mass amounts of people were unable to work and pay their household expenses. Borrowers with federally backed loans were given the option of requesting a Forbearance through the government program known as the CARES ACT. This allows for a 180-day forbearance followed by one 180-day extension if needed. During this time the foreclosure process is halted and re-payment doesn't begin until the forbearance period is over. So, yes it is only temporary relief from payments. How is this amount re-paid? Lump-Sum; A lump sum is due for the missed payments at the end of the forbearance period or the lender may agree to add that amount to the outstanding balance of the original mortgage loan agreement. Original loan terms remain the same. Partial Payment Plan; If you were able to pay a portion during that forbearance period, the lender may agree to raise your regular monthly payments temporarily until the missed payment balance is paid off. Payment Deferral; Some lenders may offer to place the entire amount of missed payments under a new and separate loan that doesn't have to be re-paid until the homeowner refinances or sells the home. Loan Modification; If you can't afford your original mortgage payment after the forbearance period ends, maybe because of a change in job or number of hours you are given work, you may be able to modify your current mortgage with your lender. That is when the loan is re-written and a smaller monthly payment is offered to cover all outstanding loan balances. Even though we have seen some loan modification orders come through on our apps, we should expect to see that number increase in the coming months. As of July 1, 2022 lenders will begin offering Loan Modifications to homeowner's with Fannie Mae or Freddie Mac owned loans. And we probably will be getting random calls from homeowners (Lender typically have them find their own notary) to help them sign their payment deferral loans as those will need notarization as well.
- Gramm-Leach-Bliley Act for the Notary Signing Agent
Gramm-Leach-Bliley Act (GLBA) and the Notary As a Notary have you ever wondered what the GLBA regulation is? Let alone why you need to be concerned with it? Chances are you have seen it referenced in your SPW Code of Conduct and the exam you likely took with the NNA as a Notary Signing Agent. I'm guessing you want to know what that has to do with you as a Notary Signing Agent. I promise I'll get to that, but first you should understand exactly what you are dealing with here. This is also known as the Financial Modernization Act of 1999 and is a Federal law enacted to control the ways financial institutions handle the private information of individuals. It not only governs when they can share Non-public Personal Information (NPPI) but also how they can share it. Several agencies contribute to the regulations within the act as well a have a role in enforcing those regulations. Consumer Financial Protection Bureau (CFPB) Federal Trade Commission (FTC) Federal Banking Agencies Federal regulatory Agencies State Insurance oversight Agencies The Securities Exchange Commission (SEC) State laws also play a role and can require greater compliance, but not less than what is required by GLBA. What is considered Non-Public Personal Information (NPPI)? An individual’s name Income Social Security Number Marital Status Address Birth dates Education level Employment data Amount of savings or investments Loan or deposit balance Credit and debit card purchases Account numbers Consumer credit reports Where the individual may have an account – what financial institution A phone number – if it is an unlisted number Bio-metric Data (Fingerprints) Geolocation data Internet and other electronic information Tax information Who is regulated by GLBA? Financial institutions Non-bank mortgage lenders Real Estate Appraisers Loan Brokers Some Financial or investment advisers Credit reporting companies Pay-day lenders Debt collectors Car rental companies Car Dealers Courier services Universities Tax return preparers and accountants Banks and Credit Unions Real Estate Settlement providers, including Title and Escrow and Real Estate closing attorneys There are two major components of the GLBA; Financial Privacy Rule, this restricts the sharing of NPPI Safeguards Rule, requires a security plan both as a company policy and Cyber Security policy It also states that when information is shared with unaffiliated parties, the unaffiliated party must handle the information in accordance with GLBA regulations. GUESS WHAT? We and Notary Signing Agents fall into that ‘unaffiliated party’ category. Just like the companies we do assignments for, we are subject to the Safeguard Rule; Insure the confidentiality and integrity of NPPI Protect against common cyber attacks, cyber threats and attack vectors Protect against data breaches, data leaks and unauthorized access to or use of NPPI Regulations apply to any record containing NPPI whether paper, electronic or other form There are other regulations that we really don’t need to get into here as they really don’t apply to us…yet. Under GLBA, Financial institutions who disclose NPPI to a third-party vendor or service provider (that’s us) must enter into a contractual agreement. (Which is why we will typically sign an agreement with the companies that we work with) Non-compliance penalties are steep. $10,000 fine for each violation for individuals and up to 5-yrs in prison. As Notary Signing Agents, we really need to think twice about how we are handling NPPI received through our loan signings. Don’t use public computers or printers Don’t store loan documents or order assignments on our computers Always store loan documents un a locked drawer until it’s time to go to your appointments Don’t allow your children, spouse, or friends to use your business computer Never allow someone to ride-along to your appointments Don’t use names and address you have from our appointments to solicit new business. Ensure your internet connection is secure and that you have other data breach safeguards in place on your equipment. Recent GLBA cases brought by the FTC include: Ascension Data and Analytics. In 2020, the Arlington, Texas, company agreed to an undisclosed financial settlement after a vendor, OpticsML, was found to have stored customer financial information in plain text in insecure cloud storage. PayPal. The online payment processor agreed to pay $175,000 to the state of Texas in 2018 to settle GLBA and Federal Trade Act violations that compromised data security and privacy of customers using its Venmo peer-to-peer application. TaxSlayer. Hackers were able to access nearly 9,000 of the Augusta, Ga., online tax preparer and customer records for several months in 2015. The FTC said it failed to implement a comprehensive security program. Source; https://www.ftc.gov/tips-advice/business-center/privacy-and-security/gramm-leach-bliley-act
- Insurance for your Notary Business
As a business owner you wear many hats. There is soooo much you need to know. You need to know how to run your business, how to be the Notary, the Signing Agent, the Administrative Assistant, the Advertising Manager, Business Manager, Tech support, Purchasing agent, and the bookkeeper. You also should know what type of insurance you will need to protect all that you do. As a Notary we are familiar with the Bond that is required of us to purchase in order to receive our commission. That Bond is a type of insurance protection, but it is for the benefit of the public that we serve. Not us. It is there to provide some level of monetary compensation to someone who was harmed by our actions, either intentionally or un-intentionally in connection with our Notarial duties. This is a requirement by our state governing agency but does not really benefit us at all. If someone makes a claim against your Bond, you will be required to pay back those amounts. And, you can be held personally liable for any costs above the amount of your bond. Not to mention your own personal legal fees, court costs and other expenses. As a Notary and as a Signing Agent working with loan documents we need to purchase E&O or Errors and Omissions Insurance coverage. Working in the General Notary field, it's a really sound idea to have this type of insurance. If you are working with loan documents it is a requirement by most hiring companies to carry a certain level of E&O. Errors and Omissions insurance is designed to protect Notaries. This type of insurance provides protection from your Notarial errors, unintentionally violating the law, financial damages from a notarization mistake or omission, if you are named in a lawsuit even if you did nothing wrong, notarizations that occur by forging your signature and counterfeiting your seal, and will cover any payout of damages to an injured party after settlement. It should cover all your legal expenses without paying a deductible and in some cases can be used to repay a loss on your bond. Cyber Crime coverage. This would be for claims made relating to RON or Remote Online Notarizations. While this is still a very new area, the potential for lawsuits related to the security level during a RON signing on NPPI on your computer even if only temporarily is growing. This would the internet and anytime you store provide protection from data breaches and other cybercrimes that may compromise sensitive information along with threats such as malware and hackers. Cybercrime insurance would cover economic damages that arise through a failure of network security or privacy controls which can cause any type of loss. General Liability coverage. Every business has some type of General liability policy. We need this as well because we are business owners. This would cover everything else we do during the course of business. Think in terms of running over a homeowner's mailbox when you pull up to a signers home. Or somehow leaving a stain on their carpet when you come in. Or knocking over a valuable vase with your briefcase. Or worse, stepping on their tiny dog and causing an injury to the poor little one. It could be something even more costly, like starting a fire when you plugged in your scanner at the table. None of these situations would be covered under your E&O policy and could potentially drain your savings account or even put your home and other assets at risk. If you insurance agent tells you that your homeowners policy should cover you for these things, ask him/her why they don't take your business seriously.....Hmmmm? Questions you should be asking; When shopping for insurance of any kind, it's never a good idea to just go with the lowest cost. We need to ask some questions to make sure we know what we are buying. What does it cover? What are the policy limits? Sometimes policies are written for a total amount but only 1/4 of it is available per claim with the balance as an aggregate limit for the term of the policy. Ask those questions. Another really important question would be; Is this policy paid out on a Claims-made Basis or an Occurrence-made basis? A Claims-made policy only covers incidents that happen and are reported within the policy's active period. An Occurrence-made policy has lifetime coverage for incidents that occur during a policy period regardless of when the claim is reported. In our business, it could be years before you are presented with a lawsuit for something that you notarized. So for us, it is important to seek out policies that have claims coverage on an Occurrence-made basis.
- 2021-22 Legislative Changes
The close of the legislative session brought in a few very important regulations for Arizona. These will go into effect on June 30, 2022. Here’s a brief re-cap for you. For the full law, please reference the Senate Bill 1115 -New and renewing Notaries will be required to take an exam if your commission has been suspended -We have new Acts added and now can perform; Signature Witnessing (no need to swap out the certificates) Protests (which I wouldn't recommend to anyone without training first) ARS 47-3505 Tangible Record Copy (True certified copy of an electronic notarization) Signature by Proxy (Signer must be unable to physically sign. Signature must include the verbiage "Signature affixed by [Proxy name] at the direction of [Principal]) -Seal/Stamp; no longer requires the ID/Commission number to be present -Retains the current provision allowing only one seal/stamp in possession of the Notary. Class 3 misdemeanor. -May use an embosser with the ink stamp/seal but not alone. -Commission number is now a requirement to be printed on our certificates -Title of officer is required either after our signature or next to our printed name below the signature line on certificates. -Notary signature must be logically associated with the certificate. -No more pre-filling certificates before the appointment. Must be completed in its entirety contemporaneously with the act. -When using a loose certificate, minimum elements required to logically associate it with the intended document, Title or type of document – Date of document – Number of pages – Any additional signers other than those named in the certificate. -Clarifies that a Notary commission does not allow an individual to act as an immigration consultant. (not sure what that means in respect to completing I9 verifications) -The existing provision requiring the physical description on an acceptable ID card to include the height, weight, hair, and eye color has been replaced with just the words “physical description” to allow for ID cards from other states/governments to be acceptable. -May not certify a copy of public record (ARS 41-319) except to certify a copy of a journal entry that is public record. -Translators involved in the notarial act must personally appear before the Notary (ARS 41-253 subsection F) - (basically, we cannot use an electronic translation app). -This disclaimer must be used verbatim, for any advertising of Notarial services whether it is orally or in a record including print media, broadcast media, or internet. Any alternative statement must be authorized by the Secretary of State. Failure to do so is a Class 6 felony and permanent revocation of commission. “I am not an Attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.” -A Notary may not withhold access to or possession of an original record or document provided by a person that seeks performance of a notarial act, except as provided by law. (So, do not attempt to withhold documents from a loan signing as a condition of payment.) -RON initiative, if signer is not identified by personal knowledge or Oath of credible witnesses, you must use two (2) forms of identity proofing. -Must use a paper journal for paper notarizations and either a paper journal or electronic journal for electronic notarizations. -In addition to elements currently established, additional journal requirements include both a description of the document, type of notarial act, and signature of signer (if paper act) to be recorded in a journal. -A Notary who performs a RON and does not identify the remotely located individual by personal knowledge or credible witnesses, then two (2) forms of identity proofing must be used. That’s quite a bit of tweaking that went on with our laws and regulations here in Arizona. Another one was the limitation of 60-days after the date of issue of our bonds to obtain our commissions. COVID completely trashed that as it was taking way longer for our SOS to issue our commissions. That was completely repealed, and no other time limits have been established. Guess we can all rest easy at least for a little while.
- Getting Started as a RON Notary
REMOTE ONLINE NOTARIZATION (RON) is as appealing as it is scary for new and existing Notaries. If you are an experienced Notary Loan Signing Agent then you are now having to learn a new way to do your job. And, if you are a new Notary Loan Signing Agent you are being recorded so there is absolutely have to make sure you know what you are doing. The pressure is on all of us regardless of our experience level to stay up-to-date. The age of "Fake It Until You Make It" is over! Notary Stars as of October 2021 has begun to add up-to-date information regarding RON into its training course but we are taking a different approach than many training companies when it comes to RON. We are airing on the side of caution as we move into conducting RON closings- and we highly recommend before you jump on the RON bandwagon yourself that you get as much education regarding Loan Signings & Your RON platform as possible on and off of Notary Stars. Title & Lender Restrictions are very important for Notary Loan Signing Agents to understand. In our training course, we help Notary Loan Signing Agents understand what part of a transaction belongs to a Title Agency and what part belongs to a Lender. One thing that Notaries are often unaware of is the entity that drives both Title and Lender Policies (including how documents are signed in-person or electronically), and that entity is called UNDERWRITING. Underwriting is essentially the legal department of an institution that determines the risk associated with the transaction. NOTARY WARNINGS: When it comes to any and all Real Estate transactions you as a Notary should not suggest a Remote Online Closing to your signers under any circumstances, knowing what you now know. Although RON may be perfectly legal in your State it may be against the policy of the Title and Escrow Office or the Lender involved in the paperwork to use just any platform out there. You must absolutely make sure that you are able to use your (or one of your) RON Platforms before proceeding with a Real Estate Transaction. Conducting a Real Estate transaction on an unapproved platform could at best have you performing a closing unpaid that just needs to be redone- or worse, sued! Letting your Signing Agencies and Title Agencies know you are RON Capable is very important; however, you can completely invalidate a closing if you attempt to preform a RON closing with your signers without permission from the Signing Agency, Title Agency, or Lender. For documents outside of Real Estate Transactions you should be disclaiming to your signers, before they sign, they need to ensure the receiving party will accept an electronically Notarized document. Platform Suggestions are coming at us from all angles but choosing your RON platform choice should not come from anyone but your Secretary of States Office (or licensing office) and your process of deduction. Most RON States are giving suggestions to Notaries on what platforms to use and we suggest you use a suggested platform. This not the time in your career where you want to be cool. However, if you do venture outside of your State suggestions we strongly urge you to make sure your platform is compliant with Mortgage Electronic Registration Systems, INC. (MERS). This is exactly why we mentioned you need to make sure your RON Platform is approved with your Signing Agency or Title Agency before proceeding with any Real Estate Transaction. Remember: You won't be a hero unless you can actually save the day. Members of Notary Stars as of January 3rd, 2022 have access to our RON Platform Reviews which may help guide you in choosing your own RON Platform. Please allow time for reviews to build up! Marketing RON Properly can be difficult. Taking the previously written information in this article it is important to understand that the average consumer will most likely not be searching for Remote Online Notarization (RON) as it's a an industry term. When marketing RON to the average consumer we suggest you have consumer-friendly information on your websites and business cards helping your customers understand you offer VIRTUAL NOTARIZATION as an option. Important Disclaimers YOU should be giving signers Amrock has a great Notary Script for Signing Agents which helps guide them. And Notary Stars will be working on a good script for our members in the near future of things you definitely want to say on camera. One thing off the bat we can think of is you need to inform the signers they are being recorded for record retention purposes on behalf of yourself, the title agency, and lender- or for the receiving party if their documents are not Real Estate Related. This is one thing we haven't seen any other training course addressing in their training and it makes perfect sense. Our script course can help you with Loan Documents, but we are working on an adapted RON Script similar to that we've seen so far to aid our members in performing signings with safety (for themselves) through RON.
- Copying Military ID's
The Military ID You may have heard this before, or maybe this is the first time you have come across this. For the Notary Signing Agent, it is not lawful to make or possess a copy of a Military ID. This includes a “Retired” status Military ID. Often, we are required to return a copy of a government issued photo ID back in our loan documents packages. And proud veterans want to offer up their military ID to us to verify their identity. And this is perfectly fine to meet our ID requirements. But we need to send a copy of the ID we used to identify them back in the loan packages and, well we can’t send a copy of a military ID. So we find ourselves handing back the military ID and asking for something else that fits our regulations. At times, they might even take offense that we are not able to use that ID. Stating this ‘was issued by our U.S. Government and is the best ID in the world’. Well, yes. It probably is, but I can’t accept a copy of it. Only the US government can possess a copy of this ID, or a medical facility or other agency charged with administering military related benefits. The applicable statute is: Title 18, U.S. Code Part I, Chapter 33, Section 701, which states: Whoever manufactures, sells or possesses any badge, identification card or other insignia of the design prescribed by the head of any department or agency of the United States for use by any officer or employee thereof, or any colorable imitation thereof, or photographs, prints or in any other manner makes or executes any engraving, photograph, print or impression in the likeness of any such badge, identification card, or other insignia, or any colorable imitation thereof, except as authorized under the regulation made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both. Bolded to add emphasis, within the relevant statute, there lies and exception. The Defense Department provided in 79 FR 707, titled: Identification (ID) Cards for Members of the Uniformed Services; authorized photocopying include photocopying of DoD ID cards to facilitate medical care processing, check cashing, voting, tax matters, compliance with 50 U.S.C. appendix 501 (also known as “The Service member’s Civil Relief Act”), or administering other military-related benefits to eligible beneficiaries. The photocopying of a Military ID for government purpose is exempt. The day-to-day activities of State and Federal Agencies are government actions for government purposes. Performing government business is lawful and does not violate Title 18, U.S. Code Part I, Chapter 33, Section 701. As such, Immigration Agencies such as USCIS, NVC, and DOS are able to lawfully request and use Military IDs. Commercial establishments can ask to see your card to verify your identification, but they cannot copy it. Photocopied cards might be used for nefarious purposes and criminals value US Military IDs.
- Hybrid Certificates
t's a bird! It's a plane! No, it's a Hybrid certificate! Hybrid notarial certificates are certificates that combine both an Acknowledgement and a Jurat. Most all of the 50 states authorize their notaries to complete those two acts separately. Not all allow those two acts to be combined. We have only started seeing these types of certificates in the past 4-5 years. Before that, they just didn't exist. I don't know who's bright idea it was to combine them, but it took off like wild fire and has left the notary in a tight spot. The notary squeeze comes because most of our notary regulations do not specifically address the Hybrid certificate. So how do we know if we are authorized to complete this type of certificate? Some would say that if it's not addressed in our handbooks then it's fair game. I say, that our handbooks are not designed to list EVERYTHING that we can't or should not be doing. If it did, our handbooks/manuals would be the size of the IRS tax code. And really, that is not reasonable as we as humans can come up with some pretty off the wall stuff. But that's just my opinion. I am based in Arizona and have been faced with this dilemma myself. Can I use this hybrid certificate or not? Ultimately I went directly to the supervisor of our Notary Division at the Secretary of State and posed the question. After a few days, some research and round table discussions internally at the SOS, here's the answer I got; "...statute that a "Notary must include 'A' Notarial Certificate". This would indicate that all notarizations must contain ONE of three allowable notarial certificates. Therefore, combining certificates in Arizona is not an option, additionally the Notary is to have one journal entry for each notarization. Therefore the journal entry cannot indicate both an ACKNOWLEDGEMENT and JURAT." (10/13/2021) This subject comes up time and time again. And sometimes going to the horses mouth (SOS) can yield different answers at different times depending on whom you are speaking to. That's why I chose to go the department supervisor and requested the answer in an email so that I could share it with all of you. The fact that our own state and federal websites that have downloadable forms for various state specific documents that may include a Hybrid certificate in the preprinted notarial certificate is always an arguing point with your signers. It is not easy to explain why it's not state compliant and yet the form came from our own government agency. We assume that they should know notary regulations. But honestly, none of them have a clue. And most attorneys are not schooled in notarial law either. So, you see how well versed we need to be in our own regulations?!
- The Right Printer For Me
THE RIGHT PRINTER FOR ME What is the best printer for me? Spoiler alert, the answer is: you have to figure it out for yourself. Don’t listen to Facebook or YouTube without doing your own research (or at least reading this article). Find the printer that is available and you can afford. There are dozens of combinations of factors to consider. Inkjet or laser? B/W or color? Print only or Multi-Function? Notaries need laser printers. In this article, we will discuss how laser printers work to understand the printer parts and compare different features. HOW INK JET PRINTERS WORK Ink jet printers squirt droplets of liquid ink onto the paper and laser printers use powder toner and heat to melt the image into the paper. While ink jet printers may cost less than laser printers initially, ink is more expensive than toner per page and inkjet printers take longer to print. In general, you can print hundreds of pages per inkjet cartridge but thousands of pages per toner cartridge. The ink can smudge or run if the paper gets wet. Many title and loan companies will not accept pages printed with inkjet printers. Laser printers and toner cartridges can be more expensive, however they last a lot longer. HOW LASER PRINTERS WORK Laser printers use 3 main parts that will need replacing: toner cartridge, transfer roller ( imager), and fuser. The printer uses light (laser) to create an electrostatic image on the transfer roller (imager). Toner is pulled to this image on the transfer roller and transferred to the paper as it passes against the roller. The paper is then pushed under presser between the fuser rollers and the heat melts the toner into the paper. A video illustrating the process can be found at: https://youtu.be/EwvmNv1leUo. In most HP printers, the transfer roller is built into the toner cartridge: https://youtu.be/WB0HnXcW8qQ. WHEN WILL I NEED TO REPLACE THESE PARTS Toner will be the first item to replace. Manufacturers state approximately how many pages you can print per cartridge, usually 8,000-12,000. Most state at 5% coverage, this means 5% of a letter size page is covered in toner. Real estate documents and legal size pages use more toner. You should expect to get about 50-75% of the stated number of pages per cartridge. There are 3 types of toner cartridges available. Manufacturer (OEM) cartridges are made by the printer manufacturer and filled with their specific blend of toner. Compatible cartridges are made by separate companies and filled with toner that is close to but not quite same as the OEM. Think of name brand vs. generic prescription drugs. Remanufactured cartridges are used (usually OEM) cartridges that are cleaned and filled with compatible toner. The transfer roller (imager) will wear down and start to develop streaks and spots. This is when you need to replace it. A transfer roller will usually last as long as 3-4 toner cartridges. Since HP builds the transfer roller into the toner cartridge it is automatically replaced when you insert a new toner cartridge. Fuser units eventually need to be replaced after frequent use. Most laser printers will inform you when the fuser unit needs to replaced. An easy way to identify when a fuser unit needs to be replaced is when there is smudging or smearing on your printout. Smudging and smearing occurs because the fuser will not heat the toner particles enough to fully melt them onto the page. HOW DO FEATURES AFFECT THE PRINTER Laser printers are monochrome (B/W) or color. Monochrome printers are generally less expensive, have larger toner cartridges, and print faster. Color printers use four different colors and generally take longer to print because the page has to cross over these 4 colors and the printer has to process each color. Color printers often need more time to cool down after a large number of pages have been printed. Some color printers may not print is one toner is empty. Laser printers are simplex (single sided) or duplex (2 sided). A duplex printer has an extra part, the duplexer, that turns the page over and runs it over the transfer roller(s) a second time before sending through the fuser. This feature is not needed for printing loan signing documents. It may slow down the print speed and is an extra part that may break. Printers can be print only or multi-function printers (MFP or all-in-one). Multi-function printers may include the ability to scan, copy, and fax. They usually print slower than ‘print only’ printers and these added abilities may not match stand alone machines. For example, a stand alone scanner may have more features, scan faster and have a better resolution. Generally quality is dictated by price and the more features means there are more parts that can break. WHAT BRAND IS BEST This is the question you will have to figure out for yourself and your budget. Xerox invented the laser printer and holds market share in business printers and MFPs, thus the term “Xerox” a page means make a copy. Xerox focuses on business printers and copiers. They use a special formula of toner and drum, which can be difficult for other manufacturers to make. Because Xerox usually leases and services their machines, they can be hard to buy. They are directly available for sale through Xerox or an approved third party dealer. Xerox dealers are available in most metropolitan areas. Used machines are available on Craigslist, OfferUp, and eBay. If you lease a machine, you usually will receive an allotment of pages and toner for free, then be charged beyond that. The good news, maintenance and repair is usually included. Brother focuses on retail printers for individuals and small/home offices. They are available in office supply stores and online. For this reason, they are widely recommended by notaries. Most Brother printers have the ability to use compatible or remanufactured toner, however this varies by model and Brother highly discourages it. Some people report issues with printing from Apple computers and Adobe Acrobat. HP makes almost half of the printer models available today They focus on home, small business, and large corporation printer needs. HP is known for its quality business enterprise printers and availability of its retail printers. Many of the retail printers are MFPs. Enterprise printers are made to handle hundreds of thousands of prints per month and millions of prints over the life of the printer. HP brand toners can be expensive because the transfer roller is part of the toner cartridge but you will never have the expense of replacing the separate transfer roller. Most HP toner cartridges have a memory chip on them knows how much toner is left and approximately how many more prints you have. Many new retail models have software which requires an original HP manufactured (OEM) toner be used, while some models give you a warning if you insert a HP compatible cartridge. Most enterprise printers do not have this software and compatible or remanufactured cartridges can be used. HP printers can be found new in office supply stores, Walmart, Target, and online. Used and refurbished (defective parts replaced) enterprise printers can be found on Craigslist, OfferUp, Facebook Marketplace, and eBay. These printers can last a lifetime and are usually leased or traded in by large corporations and small businesses. Many websites claim the per print cost is very close between Brother and HP. HP toners might be more expensive but HP does not require a separate transfer roller to be purchased. If you buy compatible or remanufactured toner cartridges, the price would drop dramatically in HP’s favor. When you buy a brand-new printer, the toner cartridge will physically be full size, however it will only be filled with about 50% of a regular toner cartridge. There are other brands like Canon and Dell but not enough notary feedback to include. WHAT MODELS ARE RECOMMENDED Because they are not sold in stores, Xerox is not a popular choice for notaries. They are quality machines and a great option. Check with your local Xerox dealer for a recommendation. Notaries recommend the Brother HL-L6200DWT printer because it has two large trays at the bottom. This printer prints up to 48 letter size pages per minute. Brother has it listed for $319, however as of 9/19/21 it is out of stock and has been for most of 2020-2021. It will cost $600-900 depending on where you can find it. D means it has a duplexer, which is not needed. W means you can print directly from a wireless device like a smartphone or table with going through your network. T means it comes with an extra tray, which is technically the 3rd tray. If you open the front cover, you will see a multipurpose tray which holds 50 sheets of paper. If you can only find the DW, you can use the multipurpose tray for either letter or legal and still have a dual tray printer. A great alternative is the HL-L5200D or DW or DWT. It only prints 42 pages per minute but is essentially the same printer as the L6200. The 5000 and 5100 are less expensive models. People report having difficulty printing with them, but they may be worth a try, especially if you have free return. HP fans recommend the enterprise printer models P4014, P4015, and M600 series for the office. The P4014 and P4015 were made in the early-mid 2000s while the M600 was made 2008-2012. HP also has the letter system. D means duplexer, N means network, T means extra tray. As the printer comes; flip down the front door for tray 1 and tray 2 is the main tray. If you add an extra tray, it would be tray 3, 4, or 5. You can add extra memory to these printers for about $15 to help handle really large files. Originally these were thousands of dollars but you can find them online or locally for $150-300 and they can last a lifetime or at least a notary career. You can find an extra online for $50-100. Because of the popularity of these machines, replacement parts are easily found online and there is probably a repair place close to you.
- Attorney State vs the Notary Signing Agent
Attorney State vs the Notary Signing Agent (Here’s my disclaimer: I am not an Attorney, and this is not to be construed as legal advice.) The second biggest career question…. Can I be successful as a Notary Signing Agent in an Attorney Closing State like Georgia? People who are interested in becoming a Notary Public and a Notary Signing Agent that also live in an Attorney Closing State often wonder if it’s worth the time, money, and effort if all the real estate closings are (by law) done only by Attorney’s. First let’s define what an Attorney closing state is. In some states, preparing real estate documents is considered the ‘Practice of Law’ that only an Attorney can do. While many states (not all) require the documents to be prepared by an Attorney, there are only a handful that specify that the closing/signing of the documents also be conducted by an attorney. Often, when the documents are required to be prepared by the attorney, the documents are then submitted to the Title/Escrow company to complete the process. In a few states, an Attorney must be present or involved in the signing process. Those states are; Connecticut Delaware Georgia Massachusetts New York South Carolina South Dakota Vermont The key words in the paragraph above are “present or involved”. This language appears in the RE laws for the state of Georgia (for this example). While they will often encourage the signers to come into the office to sign their documents, they can be “involved” at a remote location via phone. This is enough to satisfy the requirements in the law. I am located in Arizona and often find myself placing an Attorney on speaker on my phone while conducting a closing on a property that is in an Attorney State. This is pretty common for those of us not in an attorney state. My notary colleagues in Georgia, New York and South Carolina are very successful NSAs in those states conducting their business in the exact same way. They take documents to the signer’s location, place the attorney on speaker phone and complete the signing in exactly the same manner that I would except they are actually located in that attorney state. So how do they make their business successful with these restrictions? Many have told me that their business looks something like this 40% of their total business from Signing Services Of that, approximately 25% is for properties located within their state boundaries. And yes, they have an Attorney on the phone during the signing. And 5% is for properties outside of their state. The remaining 60% of their total business is represented as 45% directly from those very same attorney law firms. Yes, and yes ! They market themselves directly to Real Estate Attorneys. And that leaves 15% of their total revenue coming from General Notary work. I hope that this has helped answer the question if you have ever wondered if you can do this type of work in your state. I always recommend you network with another notary in your state (maybe not directly in your immediate area) for pointers to get you started and techniques that they have used to go after and get that direct business.
- Eight steps to becoming a loan signing agent
My recommended 8 steps to become a Loan Signing Agent Read Bill Soroka’s book, Sign & Thrive, to see if this is for you. This is a quick read and packed with information. This book will show you, step-by-step, how to start a mobile notary and loan signing business from scratch. I find this a valuable resource for many people; Those considering becoming a loan signing agent, current signing agents looking to take their business to the next level or any professionals looking to promote their brand. Become a Notary Public in your state and sign up with the National Notary Association (NNA) to purchase your supplies. Each state has different requirements, laws and procedures. The NNA has all of the information you will need. They sell high quality must-have supplies like ink stamps and embossers with competitive pricing. My current kit includes the NNA Commission ink stamps #4913 & #4912 and their hand-held commission seal embosser #05300. Learn and understand your state specific notary laws and requirements. Some states have solid notary public training available, however many do not. I found the NNA Notary Essentials online training to be quite valuable. Another great resource is mentoring through Laura Biewer at atyourservicemobilenotary.com Promote your brand and perform notarizations. Tell EVERYONE you know that you are a notary public! Share it to your facebook profile (not in a spammy MLM way). Tell your friends, co-workers, classmates, family members, everyone! Network with local professionals, join your neighborhood facebook group pages to participate in the discussions. Do not spam the group with your services, but engage in discussions and connect with people in the group. you are not promoting a MLM, but a real service people will need eventually. Must have FREE resources include; Facebook business page Google business page - This provides the majority of my General Notary Work (GNW) Yelp business page Select a loan signing agent training program, complete the training and obtain certification. I personally recommend Notary2Pro and Sign & Thrive (in that order). The training and mentoring are outstanding. There are other popular training programs available (LSS - Loan Signing System, etc. Do your due diligence and select a program which you really relate with. Obtain your NNA signing agent certification and background check. Obtain your annual Signing Agent Certification and background check report from the NNA here. It is nationally recognized and required by many signing services. To prepare for this certification, download the Code of Conduct PDF from the Signing Professionals Workgroup (SPW) here. This will be an open book exam. Hustle. Connect. Give. Work hard, promote yourself, network with like minded professionals and GIVE. Share your knowledge and help others who reach out to you. Givers do gain! Continue your education. Never stop learning. Continue learning. Learning more about the loan signing business, networking, personal development, professional development, business acumen, etc. This process never ends! signingagent loansigning LSA loansigning
















