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  • 4 Tips for Notaries dealing with natural disasters

    4 Tips for Notaries dealing with natural disasters Natural disasters can result in numerous paperwork challenges for Notaries and their clients. Notaries may lose or damage their supplies, while signers might need urgent notarization without having their IDs. Here are some tips to prepare for a natural disaster and assist signers in need. Keep your Notary seal and journal in a safe place to avoid loss or damage Adhere to your state laws when replacing lost or damaged Notary seals Know the alternatives for identifying signers who have lost their IDs Consider not charging full price for your services 1. Keep your Notary seal and journal in a safe place to avoid loss or damage Performing notarizations becomes difficult if your seal and journal are lost, destroyed, or unusable due to a natural disaster. Protect your tools by storing them securely in an area that won’t be affected by severe conditions. Here are some recommendations: If you live in a state with frequent tornadoes, such as Kansas , Oklahoma , or Texas , it’s wise to store your tools where they are easily accessible and protected when taking shelter quickly. For instance, if you use your basement or cellar as a tornado shelter, consider storing your Notary tools there. In regions prone to hurricanes or flooding, like Florida , store your seal and journal in a high place to avoid water damage and avoid leaving them in your car or other vulnerable locations. Consider a waterproof safe for protection. If you reside in an area prone to fires, such as California , a fireproof safe is a suitable place to store your seal, journal, and other important items to prevent loss during a disaster. 2. Adhere to your state laws when replacing lost or damaged Notary seals If your seal or journal is lost or damaged in a disaster, know the correct procedure for reporting and replacing them. California and Texas require Notaries to notify the Secretary of State in writing if a seal or journal is lost or damaged. Florida requires notification to the Department of State if a seal is lost. 3. Know the alternatives for identifying signers who have lost their IDs After a disaster, many people lose important items, including their ID, so alternative identification methods are needed. Except in California , all states allow a signer to be identified by personal knowledge. If you know the signer well — such as a close friend or long-time colleague — personal knowledge can verify their identity. Another option is using credible identifying witnesses who can confirm the signer’s identity if they lack other identification. Note that credible witness requirements vary by state. Some states, like Pennsylvania , require the witness to know both the Notary and the signer personally. Others, such as California and Florida , permit two witnesses who don’t know the Notary but know the signer and can present their own ID (e.g., a driver’s license). Florida Notaries need a sworn written statement from credible witnesses affirming the signer’s identity, the witness’s lack of interest in the transaction, and the signer’s lack of other ID forms. Keep your state Notary handbook accessible or consult the NNA’s State Law Summaries for guidance. The NNA Hotline is also available for assistance. 4. Consider not charging full price for your services To help signers during a natural disaster, consider reducing or waiving your fee. Disaster victims often face significant financial losses and need numerous notarized documents for insurance claims, aid requests, and property replacement. No state mandates charging the maximum fee for each notarization, and most allow you to waive your fee entirely for a signer in need.

  • 4 Things to know about using your Notary seal and journal.

    4 Things to know about using your Notary seal and journal. Safeguarding your seal and journal from possible misuse at work is a crucial aspect of your Notary responsibilities.  Here are four key points Notaries and their employers should be aware of regarding the use of Notary seals and journals in the workplace: The seal and journal are typically the Notary's property. The seal and journal must always be kept secure. Only the Notary is authorized to use the seal and journal. Notaries must decline improper requests for the seal and journal. 1. The seal and journal are typically the Notary's property. Even if an employer paid for your Notary seal and journal, it doesn’t mean they are entitled to retain those tools if you leave the company. Generally, you retain your Notary tools. For instance, Florida law mandates that a Notary's seal must not be handed over to an employer upon employment termination, regardless of who paid for it. Although Texas law doesn't explicitly address ownership of a Notary's tools, the state attorney general has opined that an employer does not own a Notary's seal or journal, and these tools should always remain with the Notary (Texas Attorney General Opinion GA-0723).  However, some states have exceptions concerning journals. In Arizona , certain Notaries in professions involving sensitive information can maintain two journals: one for public records and another for nonpublic records protected by attorney-client privilege or confidentiality laws. A journal with nonpublic records belongs to the employer, and if the Notary leaves the job, the employer may retain it. The Notary retains the journal with public records. Oregon allows Notaries to sign an agreement with an employer permitting the employer to keep the journal when the Notary ceases working for them. An Oregon Notary must keep a copy of this agreement. When a Colorado Notary's commission ends, Notaries may choose to leave their journal with their employer and provide the employer's contact information to the Secretary of State. Employers and Notaries should acquaint themselves with their state laws regarding the ownership of a Notary’s tools and adhere to those regulations. 2. The seal and journal must always be secure. A stolen Notary seal can facilitate fraud, and a journal contains sensitive personal information about signers that could be exploited for identity theft or other crimes. Therefore, your seal and journal must always be stored securely under your exclusive control when not in use. Some states mandate this by law. For example, California explicitly requires Notaries to store their journals and seals in a locked, secure area under the Notary’s exclusive control when not in use. Even in states without specific storage requirements, the NNA strongly advises Notaries to keep their tools in a secure location such as a safe or locked desk drawer. Leaving your tools in an unsecured area, like on top of your desk, exposes you to the risk of them being found and stolen, which could lead to significant legal issues and potential lawsuits. 3. Only the Notary is authorized to use the seal and journal. Remember, your tools are not ordinary office supplies like staplers or pencil sharpeners. Your seal and journal are your personal property and may only be used by you; they cannot be borrowed or used by a supervisor or coworkers. If you are absent due to illness, for example, your boss cannot have another employee use your seal to stamp documents. Nor can your boss demand that you share your Notary tools with coworkers to expedite business operations. It is a serious legal violation for anyone other than you to use your tools — and could land you, your coworker, and your boss in significant legal trouble. 4. Notaries must decline improper requests for the seal and journal. Supervisors and colleagues often lack awareness of the strict regulations Notaries must adhere to. If a boss or coworker wants to borrow your tools, asks you to allow someone else to use them, or makes any other requests you know are illegal, you must refuse. It’s beneficial to keep your state Notary laws handy to demonstrate why you must decline. Refusing illegal requests and adhering to proper practices not only safeguards your commission but also protects both you and your workplace from potential lawsuits.

  • Essential Steps for Effective Signer Confirmation in Notary Assignment.

    Nov 11, 2024 Upon returning, I bring forth what I believe are useful steps to confirm with your signer, whether it is after accepting the job from the hiring company or when it is a direct engagement with the signer. Last week, I provided you with a checklist of questions to consider before accepting a job to ensure it aligns with your needs. It's important not to assume that the Title Company or Signing Service has already covered all necessary aspects for notarization. Therefore, when you contact the signer for confirmation, ponder over the following inquiries. Queries for the Signers: Do they possess valid identification? It is essential to comply with state regulations. Be precise—request a state-issued driver's license, non-driver ID, US passport, or any other acceptable form of ID. Will all required signers be present? This helps avoid unnecessary return trips. Are witnesses necessary? In states like Florida or Georgia, witnesses are mandatory for Deeds. If witnesses are needed, can the signers arrange for them? If not, you might need to provide witnesses, incurring additional time and fees. Do all signers speak English or my language? Effective communication is crucial for a successful signing. Direct communication with signers is preferred over family members translating, unless state regulations allow for translators (e.g., CO and AZ). Are all signers fully conscious and attentive? Assessing their mental state is important. Are they prepared and willing to sign documents? Have they reviewed the numbers or closing disclosure with their Loan Officer? Sample questions for assessing alertness will be provided later in this communication. Can all signers sign their names? Be prepared for signature accommodations, such as signature by mark or proxy, as permitted by your state. Do they have pets that could be a concern? If they have pets, such as dogs or cats, and you have allergies, it would be beneficial to know if the pets can be kept away during the signing. What about access and parking? Are there any gate codes or parking restrictions you should be aware of? Specialty Work: Additional Considerations For specialized notary work involving direct customer interaction, consider the following additional questions: Is the caller also the signer? Clarifying this can prevent misunderstandings. Do they require mobile notary services? If not, guide them to an alternative service. What types and how many documents are involved? This helps gauge the scope and time needed. Can they provide a photo of the documents? If you are unfamiliar with the paperwork, seeing a photo can help identify any special instructions. What does the service entail? Ensure they understand that your service goes beyond just notarizing documents—explain the entire process. What payment methods do they accept? Knowing their accepted payment methods (cash, Venmo, Zelle, credit card, or check) can streamline the transaction and ensure timely payment. What time suits them best? Offer a few appointment slots and confirm the chosen time during the call. Upon Arrival: Confirmation and Assessment Upon reaching the signing location, take a moment to evaluate the signer's awareness. If there are any indications of confusion, address additional questions directly to the signer. This is particularly crucial for vulnerable groups like accident victims, seniors, or individuals in healthcare facilities. Verify their orientation by asking: Who are you? Where are you? What document are you signing? Who else is present, and what is their relationship to you? Do you wish to proceed with the signing? Record your observations in your journal, noting witness names and any pertinent details about the signing process. The Final Step: Requesting Feedback Post-appointment, remember to seek feedback. This can be done through a receipt, text, email, or face-to-face. Positive reviews are essential for attracting new clients, so tailor your request based on their discovery of your services—whether through Yelp, Google, or another platform. Conclusion By posing the right questions before each notary task, you can avoid potential issues and ensure a seamless signing process. Preparation is key to your success as a notary, so incorporate these questions into your routine. Happy signing!

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