Many Notaries have contacted us asking, “A signer just gave me a photocopy of his driver’s license. Can I accept it as ID?” Because many people used photos of vaccination cards for admission to restaurants and businesses during COVID-19, presenting copies of official records gained widespread acceptance. Is it OK to accept copies of ID when notarizing, whether physical or a photo taken with a phone? Notaries should never accept copies of identification documents from a signer as proof of identity. Here are 4 reasons why: States do not allow Notaries to accept copies of signer IDs Copies of IDs are vulnerable to tampering Copies of IDs lack security features Notaries use to check for fraud Accepting a photocopy of an ID could result in legal liability States do not allow Notaries to accept copies of signer IDs Several states require the signer to present an actual identification document — not a copy. For example, California, Florida and Pennsylvania require signers to present specific identification documents for notarization. For example, the California statute says a Notary may accept a driver’s license or identification card issued by the Department of Motor Vehicles. Since the DMV does not issue anything other than actual IDs, the plain reading of the statute means that a driver’s license or ID issued by the DMV cannot be anything other than the actual license. Furthermore, in the past, the California Secretary of State has clarified that “temporary” California driver’s licenses issued to drivers renewing their licenses do not meet the statute’s requirement. Texas requires signers to present a current identification card issued by the federal government or any state government that includes a photo and signature. The critical point here is even though a state law may not explicitly require an ID to be “original,” the plain and natural reading of any law that states that a “driver’s license,” “passport,” or government-issued” ID presented to a Notary implies that the original must be presented. Copies of IDs are vulnerable to tampering What about Notaries in states that don’t require specific types of ID, like Alabama or New York? Even if your state doesn’t list particular IDs you may accept or list the general requirements for an ID presented to a Notary, accepting a copy of an ID card — either a photocopy or a photo on a mobile device — is a terrible idea. You cannot tell if a copy is altered or forged, which means the risk of fraud for the notarization is much higher. Photocopies and digital images are easily changed using editing apps widely available to the public. Copies of IDs lack security features Notaries use to check for fraud A copy is much easier to tamper with than an official state or federal-issued ID. State and federal IDs include security features that help Notaries confirm the ID is genuine when examining it. Examples include holograms, raised print or patterns and hidden details that copies lack. Also, a photocopy or photo of an ID often only shows one side of the identification document. Many IDs include security features on both the front and back. If you can’t examine both sides of an ID, you run a much higher risk of being tricked by a dishonest signer. This could lead to you facing penalties or lawsuits if the notarized document is used to commit fraud. Accepting a photocopy of an ID could result in legal liability Three states – California, Florida, and Tennessee – have statutes that say that the standard of care for a Notary in accepting an ID to verify a signer’s identity is “reasonable reliance” on the presentation of the ID. “Reasonable reliance” means that a Notary must exercise reasonable care only to accept the forms of identification listed in the statute. Reasonable care would dictate that the conscientious Notary only accept actual IDs, not copies. In the case of California and Tennessee, both have statutes saying that “an officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with [the law] (see CA Civil Code 1185[b][3]-[4] and Tenn. Code Ann. 66-22-106[d]). This means that a Notary who reasonably relies on a driver’s license or other acceptable ID to identify an acknowledger has a “safe harbor” — a shield from liability. So, the bottom line is: if you carefully follow the law, you will have exercised reasonable care. If you take the risk of accepting copies of a signer’s ID, you could be subject to legal liability.

Offering apostille services can be a good way for Notaries to earn additional income and diversify their services. But customers can be confused about what Notaries can do when they provide “apostille services.” The National Notary Bulletin spoke with Frank Metayer, owner of Apostilles Near Me in San Diego, California, about offering apostille services as part of a mobile Notary business. Metayer said that if Notaries want to offer this service, it’s important that you understand what an apostille is and make it clear to customers exactly what services you can provide. Below are 3 things customers often misunderstand about apostille services, along with what every Notary should know: Notaries do not issue apostilles Notaries do not provide apostille certificates to customers An apostille cannot be issued unless the document is notarized 1. Notaries do not issue apostilles The most common misconception is that a Notary can issue customers an apostille for a document on the spot. That’s not true, Metayer says. An apostille confirms that the Notary’s commission is valid on notarized documents sent to foreign countries. The notarized document must be submitted to an appropriate state government agency in order to have an apostille attached. Notaries offering apostille services are paid a fee by customers to deliver the notarized document to the government agency that issues apostilles. 2. Notaries do not provide apostille certificates to customers Customers may also ask if Notaries can provide an apostille certificate for the customer to attach themselves. Again, because Notaries do not have the authority to issue apostille certificates, they cannot provide these certificates to customers. 3. An apostille cannot be issued unless the document is first notarized An apostille cannot be issued if there is no notarization on the document. If a document needs to be notarized, it can be done by the Notary offering apostille services, but this is not a requirement. A different Notary can perform the notarization before the apostille is requested. Finally, remember any notarization will be reviewed carefully Whoever notarizes a document that needs an apostille, it’s very important that the document is notarized correctly and all rules are followed, Metayer cautioned. The receiving country will review the document to confirm everything is correct and has the right to reject the document if the notarization was not done properly.

It can be tough to find customers for your Notary business in today's challenging economy. We asked Notaries on Facebook about the best ways to find new signers and expand their customer base. They recommended the four approaches below: Advertise through word of mouth Referrals from current customers Offer discounts to signers Always answer phone calls for Notary services 1. Advertise through word of mouth Many Notaries agreed that getting the word out in your community is one of the best ways to find new customers. If someone needs a notarization but aren’t sure where to go, word of mouth about your business can be key to getting signers to come to you first. “I opened a small coffee shop and one of the first things I did was become a Notary and put a sign in the window,” said Monica Lynn Nava. She also let her neighbors and local banks know that she was available for Notary services, which she said helped her business a lot. Posting your business information online and through social media is another good way to get business, but you don’t have to stop there. Simone Tackett left business cards in books on the shelf at her local public library (“It’s different, but it has brought me a lot of business,” she said) while others display license plate covers or car magnets advertising Notary services. “I connected with a lot of neighbors this way and two are attorneys,” said Notary Phil Wilson. 2. Referrals from current customers Other Notaries said that providing a good customer experience is always important, because those customers in turn will refer other people to your business. In fact, Alexis Ronieshia Thrash said that most of her new clients come from referrals from repeat customers. So how do you get those referrals? Coryna Magana recommends Notaries keep up with continuing education about their duties and build a good rapport with signers during assignments. Phil Wilson added that attorneys and real estate professionals are a great source of referrals once you show them you can provide quality Notary services. 3. Offer discounts to signers A simple way to build a good reputation for your Notary business is discounts for new customers. Frank Quezada said that he regularly offers discounts or free notarizations for older signers, and they frequently refer him to additional new customers. “Give a little, and you get a little,” he said. 4. Always answer phone requests for Notary services Finally, Notaries said it’s important you answer every phone call requesting your Notary services — if you don’t reply, new customers won’t come back. “I always answer the phone or call back right away if I have missed the call,” said Martina Tasevska. If you can’t get to the phone because you’re in the middle of another assignment, be sure to let other customers know, said Linda K. Evans. “I have my business connected to Apple Watch, then I don’t miss calls and they get a message that I’m with a client,” she said. Have you tried other ways to find new Notary customers? Share your tips and stories in the comments section below.

Demand for Notary services isn’t constant and as a professional Notary, you’re going to experience both periods of high and low demand for your service. To be successful in the long run, it’s important that you be prepared to weather any downturns. In this article, we’ll look at 7 ways to help your Notary business stay strong no matter the state of the economy: Offer Notary services to a wide variety of customers and industries. Stay visible online with a Notary website and Google Business Profile. Manage your budget and income responsibly to plan for slow business periods. Work on building strong relationships with your current customers. Increase your Notary training. Network with other Notaries for support and tips. Look into remote online notarization if your state allows it. 1. Offer Notary services to a wide variety of customers and industries. As a Notary business owner, it’s important to think outside the box when serving your customers. Did you know that more than 1 billion notarizations are performed each year across a variety of industries, including business, government, finance, and healthcare? Notaries are able to offer a variety of business services for customers, including: Working as a Notary Signing Agent for real estate transactions and loan documents Assisting with travel documentation like apostilles or passport applications Notarizations for estate planning documents such as wills, deeds, and power of attorney forms Notarizations for facilities such as jails, hospitals, or libraries … and more! Some states even give you the authorization to officiate weddings as a commissioned Notary, so the possibilities are truly endless! 2. Stay visible online with a Notary business website and Google Business Profile. It's essential for your Notary business to have an online presence to get local clients and create more income. One of the best ways to do this is a Notary business website. Creating a Google Business Profile will allow your Notary business and website to show up in Google search results when someone is searching “notary near me” in your local area. And the best part is that it’s FREE! Also, create listings on Yelp and other business review platforms so it’s easy for potential customers to find you. This is also a great way to showcase reviews and testimonials from your current customers so you can build trust with new clients. 3. Manage your budget and income responsibly to plan for slow business periods. There's no question that being a Notary can be a great way to make money part-time or even full-time. Like any business, it's important to have your finances in order. By being prepared with a financial plan from the start or making positive adjustments where you are now, you can ensure that you’ll be ready if financial challenges arise in your notary business journey. 4. Work on building strong relationships with your current customers. It’s important to develop a good relationship with the customers you serve to build loyalty and trust, which can lead to repeat business and referrals for you in the future. When meeting with clients in person, take the time to listen to their needs and concerns. Take note of customer birthdays and anniversaries, kids and pet names, and send them personalized cards or emails to them on important dates and to thank them for their business. Show that you are invested in them as not just a client but as a person. By taking the time to grow your relationships with clients, you will build a strong foundation for success in your Notary business. And when the economy starts growing again, you will have a solid foundation of loyal customers. 5. Increase your Notary training. As a Notary, you have a responsibility to provide honest, error-free services to your customers. This requires you to know and follow your state’s Notary laws and conduct every notarization ethically. But don’t forget, state laws can change over time. If you find your business slowing down or you have time available, do some refresher training to sharpen your Notary skills. Visit your state Notary agency’s website or a trusted professional organization to see if there are any new changes or updates to notarization guidelines. Check out available tutorials on Notary basics — it never hurts to make sure you’ve got a good grasp of the fundamentals. And remember, anything you learn will help you offer better service to your customers. 6. Network with other Notaries for support and tips. Joining a Notary community that meets online or in person can be a great way to find new business ideas and solutions to challenges you face. It’s an opportunity to talk with other Notaries who can offer advice and support. This can be invaluable when you're starting out, or if you run into problems as you continue your journey. Additionally, you can often find and attend local Notary events and workshops to learn new techniques, meet new people and gain valuable insights on your business. Not sure where to start looking? Try searching for “Notary network,” “Notary meetup,” “Notary group” or “Notary workshop” to see if there’s a group or event near you! 7. Look into remote online notarization if your state allows it. If you’re looking for ways to increase your service area and reach more clients, one option is to offer remote online notarization (RON) if your state authorizes it. Remote Online Notarization (RON) is conducted over the internet and allows you to notarize documents online without having to leave your home. Before you can start, the first step is to check your state’s requirements for RONs as each state has its own rules and regulations.

The epidemic of cybercrime has made nonpublic personal information (NPPI) a hot topic — and that is especially true for Notary Signing Agents and everyone else working in the mortgage lending industry. While protecting a borrower’s personal information has always been a priority, lenders, title companies and settlement services firms have ratcheted up their efforts to keep NPPI out of the wrong hands. Virtually every piece of information you receive — from the closing confirmation to the loan package — should be considered sensitive information. How Signing Agents treat that information has never been more crucial. Items such as the borrower’s phone number, loan amount, interest rate and email addresses now fall under the umbrella of NPPI. Just knowing that a person is refinancing and who their lender is could be considered NPPI. There are a number of practices we should follow to help keep our customer’s information safe and protect ourselves from suffering a data breach. They fall under two broad categories. Technology practices Computers, mobile devices and the internet have been a boon to business transactions the world over. But the convenience and efficiency of technology has also made it easier for criminals to target high-value transactions, such as mortgage originations. So the companies that contract with NSAs expect us to be diligent. The following practices will go a long way toward meeting those expectations: Never take a picture of a borrower’s ID. I cannot stress this enough. You should never store any personal information about a consumer on your phone. It could accidentally be saved to a SIM card or your Dropbox account, or you may just forget to delete it. If your phone is hacked or stolen, a thief will get a photo of someone’s driver’s license. Many Notaries email the photo of the license from their phone. If you use a public Wi-Fi network or unencrypted email, that email could easily fall into the wrong hands. All emails with NPPI should be either encrypted or password protected. Never send documents back to title companies or the lender by email unless they are password protected. If you don’t have the ability to do so, then faxing is the better option. Pay close attention to the emails you receive from the title company, lender or anyone else involved in the loan. Does the sender’s address look correct? Does the signature line look correct? Are they asking you for something that seems a bit off? When in doubt, call the sending party and verify. Use strong passwords that involve lower case and upper case letters, numbers and special characters. Don’t use the same password over and over, but try to use a new one each time. Also change your passwords frequently, at least every 180 days. Never write your passwords down where someone can find them. All technology items should be password protected, including computers, smartphones and tablets. Your computer should be set to lock out automatically after a short interval of time, such as 15 minutes. Install, use and regularly update anti-virus and anti-spyware software on every computing device you use. This protects your information from viruses, spyware and other malicious code. Install patches to your operating systems and applications. Software providers regularly identify vulnerabilities in their products and release patches and updates to correct these problems. Make sure to apply all updates as they are released. Back up your data. Computers die, hard disks fail, people make mistakes and malicious programs can destroy data. Important information should be backed up regularly so you can recover any lost data quickly. It’s best to set up automated back-ups, and many security software products offer this function. Make sure to encrypt the data on your smartphone. Many phones have encryption options, and there are numerous apps that can be downloaded. Do not use public Wi-Fi access because it typically is not secure. You should also hide your home Wi-Fi network and change the default password to a more secure one. Protect your Internet connection. If you have access to a broadband Internet connection, make sure the router incorporates a firewall. However, you connect to the Internet, install firewall software on every computer you use. Many NSAs are tempted to print or copy loan packages at Staples, OfficeMax or other retail stores. But most printers and copiers have hard drives that store information long after you have departed. That allows multiple parties to access your borrower’s information. Limit access to any technology you use for work. That includes keeping your home computer and other devices secure from your own family. They might inadvertently do something that exposes NPPI. It’s also a good idea to avoid surfing the web on the same computer you use for work because that can increase exposure to viruses, malware and other cyberattacks, which could lead to a potential breach. Never post a signer’s personal information on social media. I have seen Notaries asking for assistance in how a document should be executed on social media and inadvertently not redacting all the signer’s information. Imagine if that were your personal information on the Internet for the whole world to see. Low-tech practices Not every risk comes from a cybercriminal. And not every data breach involves the internet. A borrower’s NPPI can be compromised by a variety of old-fashioned lapses. Any documents you print, such as the closing confirmation or loan package, should be stored securely in a locked cabinet — but only as long as you need them. Once those documents are no longer necessary, dispose of them using a shredder or reputable shredding service. A loan package in your trash can is a data breach waiting to happen. Use caution with utilizing outside services such as computer repairmen, shredding services and copier repair companies. Make certain you have fully vetted them, and limit their access to what could be considered NPPI. Never share details of a closing with someone outside of the transaction. Saying something as simple as, “Hey I closed a loan for Mrs. X. Remember her? She was our old lunch lady,” could be considered a breach of information. Make sure you handle all of your packages yourself, and keep them secure until you drop them off. Never leave them with a receptionist who keeps a stack of packages on their desk or with a friend who is going to drive by FedEx anyway. Documents should be locked in the trunk of your car or in a locked file cabinet at all times. Try to use a FedEx or UPS location instead of a drop box whenever possible. Try to find potential weaknesses and tighten up your security. A data breach could have disastrous results — from destroying your reputation, to a financial loss for your customers to a potential lawsuit. Most breaches of technology are not covered under your E&O insurance and the expense of defending a lawsuit could be exorbitant, and potentially close the doors on your business. Don’t let that happen to you. One of the best ways to approach protecting your customer’s information is to treat it as though it were your own.

From shopping, to ordering food, to notarizations – the global COVID-19 pandemic made electronic transactions a regular and expected part of our lives. For Notaries and their customers, remote notarizations became an option to complete notarizations during the height of the pandemic, when face-to-face interactions sometimes became difficult due to local lockdown measures. While many states now allow remote online notarizations (RONs) through permanent laws, you may not realize that you were already empowered to perform another form of electronic notarization. In-person electronic notarization (IPEN) has been around for more than 20 years and is approved for use in all 50 states in some form (check your individual state’s laws for the specific requirements for IPENs or other electronic notarizations). The idea of IPEN was born during the 1990s digital revolution. With the creation of the internet and other digital tools, IPENs were seen as a way to create greater trust in notarial acts. And they were on their way to being widely accepted, but the twin disasters of the bursting real estate bubble and the robo-signing scandal in the mid-2000's, set back the wide adoption of IPENs. However, with IPEN laws on the books, this type of notarization is just waiting for another chance at adoption. IPEN and RON explained IPEN and RON aren’t the same thing. While they share some similarities — namely being electronic notarizations — they have fundamental differences. IPEN (in-person electronic notarizations) means exactly what it says. They are in-person notarial acts. In other words, they require the signer to appear in front of the Notary in the same physical location at the time of the notarization, and be identified by the Notary in the same way as a traditional notarization. The documents are presented in a digital format and signed using an electronic signature. The Notary uses an electronic seal and signature to notarize the document. RONs (remote online notarizations) are notarial acts that allow the signer to “appear” before the Notary over the internet using audio-visual technology. A RON does not require the signer to be in the same physical location as the Notary. Depending on state law and the service being used, the process involves the system establishing the identity of the signer prior to interacting with the Notary, who also verifies the signer’s identity using the same identification documents that are required for a traditional in-person notarization. The signer “signs” the document electronically and the Notary affixes his or her electronic signature and seal to the digital document. The audio and video of the notarial act is typically recorded. RON has received more attention of late due mainly to the worldwide COVID-19 pandemic when many states had temporary emergency authorization for remote notarizations. Many of the states that put temporary remote measures into place have since enacted permanent laws. To date, 43 states have RON laws on the books. However, mortgage industry players and the big banks have been slow to utilize RONs in a widespread way, due to the inherent technical complexity of a RON, the lack of a 50-state operational footprint, concerns in some quarters that remotely notarized documents may not be legally recognized across all state lines and other factors. Making a comeback In the words of LL Cool J, “Don’t call it a comeback, I’ve been here for years”. But why is IPEN growing in popularity now? There are a number of reasons. First, title companies are looking for ways to be more efficient, and IPEN offers both efficiency and a legally verifiable signing process while maintaining their relationships with key partners. Second, IPENs allow loans to close and be sold to investors in the secondary mortgage market just as quickly as RONs, and there aren’t the same concerns with documents notarized with IPEN being rejected when they cross state borders as some have raised with RON. Third, and just as important, IPEN makes the process easier for Notaries with a robust, intuitive, reliable platform that improves efficiency. Further, there’s a need for IPEN. Prior to the pandemic about 70% of loan closings were done at the lender’s or title company’s offices. Now that number is about 50%, with the remaining occuring in-person, but outside the traditional office. A robust, intuitive, flexible, and secure digital solution that utilizes traditional Notary practices makes IPEN an attractive option for title companies, recorders, signers, and Notaries alike. How IPEN works An illustration of how an IPEN works from beginning to end will clearly show the benefits of the process. Because this article has discussed IPEN’s growing acceptance in the mortgage industry, I will use a loan signing as an example: Step 1: The title company or closing agent loads the loan documents in digital format into a technology platform (either its own or one provided by a third-party vendor such as EscrowTab, Jot, or BlueNotary) that will be used for the signing and assigns it to the Notary Signing Agent. Step 2: The Notary Signing Agent reviews the documents that are ready for the signer on the platform. If there is a last-minute change to a document prior to the loan signing appointment, there is no need for the Notary to print a revised form, or pick up the revised document at a FedEx location. The documents are updated by the title company or closing agent instantaneously and uploaded to the platform prior to the signing. Step 3: The Notary Signing Agent travels to the borrower for the signing appointment, logs in to the platform from which the electronic documents will be presented to the borrower and signed, and verifies the identity of the borrower in exactly the same way as they would for a traditional notarization. Step 4: The Notary Signing Agent walks the borrower through the documents in the loan package appearing on the Notary’s device. The borrower signs the documents electronically and the Notary Signing Agent performs any notarizations that are required electronically. The devices that can be used might vary from one platform to another In addition, digital closing systems can perform quality control checks, verifying that all the signatures and fields have been filled in, eliminating potential errors and giving the Notary and the signer the confidence that the notarization has been completed properly. Step 5: Once the documents are signed and notarized on the platform, the title company, closing agent, and lender are notified that the documents are signed and ready for their review. While I have used a loan signing as the example, IPEN can be used for the notarization of a document in any industry setting. Verifiable signatures In the early 2000s there was pushback by some states because the statutes hadn’t caught up to the technology. But that isn’t the case anymore. One of the specific benefits that was first realized with IPEN technology, and then adopted by RON technology later, is that the electronic signatures and notarizations can be verified. An entire audit trail of all actions taken on the electronic document by all the parties is created at the time they occur and can be reviewed by others. This imparts trust to electronically signed and notarized documents that is simply not possible with paper documents. Before You Get Started Before you perform IPENs, make sure that you’ve reviewed the laws of your state to determine whether you can perform in-person electronic notarizations. There may be a process you must follow to qualify with your state’s Notary commissioning official, a training course you may be required to take, and an exam you may have to pass. You’ll also want to read up on what your laws say about completing journal entries and notarial certificates for IPENs, as well as any other rules you must follow. Most of the technology providers can also help you through this process. Once you learn your state’s statutes and regulations related to IPENs, you can begin the process of getting on board with the technology you will need to perform IPENs. This typically will be through any companies you work with that are using IPEN. Depending on the technology provider, you may need specific hardware to perform IPENs. It could be a laptop or mobile computing device. The information can be obtained from the technology provider, such as EscrowTab. You also will need an electronic seal. Depending on the state, you could receive your electronic seal from the technology provider or obtain it from the NNA. Then you can sign up with the provider of your choice. (EscrowTab does not charge a fee to create an account, and once created, other signing platforms can see that you are able to perform electronic notarizations.) Notably, although the focus of this article has been the use of IPEN in the mortgage market, that doesn’t mean IPEN can’t be used in other industries. Because IPENs replicate traditional notarizations, more markets can use and accept IPENs. But more than that, you’re future proofing your business by being ready for what your clients expect and positioning yourself at the front of the pack compared to other notary signing agents. How IPEN benefits Notaries IPEN saves time and money for Notaries, especially Signing Agents. For example, there is no need to print documents or pick up loan packages from the title company. If a document needs to be updated, it can be done electronically. So, what does this mean for the Notary? Fewer business expenses, documents that are ready and correct, more on-time appointments, and happier signers. With the time you save by not having to print documents or pick up new loan packages, you can schedule more jobs, improving your profitability. Notarizations Enter the Digital Age Remote online notarization demonstrated that there was an appetite for electronic notarizations, but in-person electronic notarization shows how they can be done in a way that is easy and secure — and most of all familiar, because IPENs allow Notaries to follow the same practices and procedures in performing notarizations that they have done for years. The Notaries I’ve worked with love IPEN for all these reasons, and I expect that the demand will transform Notary businesses, making them more efficient and profitable without sacrificing the trust and security that is expected from the work of professional Notaries.

otaries are the first line of defense against forgery, identity theft, mortgage fraud and other document fraud crimes. This means that dishonest Notaries who violate their official duties can wreak havoc in real estate and other transactions of value when they commit illegal acts. If you witness a fellow Notary intentionally violating their duties, you should report them to the Notary commissioning and regulating official of your state, and to law enforcement as well. This is in keeping with Standard X-B-1 of The Notary Public Code of Professional Responsibility of 2020 which says, "The Notary shall report to the commissioning or other regulating authority violations of the statutes, regulations, and official guidelines governing the conduct of Notaries." Notary crimes cause serious harm In the mid-2000s, an infamous Los Angeles con artist was stealing home titles by filing fraudulent deeds. To everybody who met him, this con artist seemed honest and genuine. Using his persuasive skills, he told a local Notary that he helped homeowners in foreclosure who did not have time to appear in person for notarizations. He asked the Notary to sign and stamp one hundred blank deeds, and the Notary did so. The con artist later filled in the blanks to make it look like his companies owned the properties, and then he sold them, took out mortgages against them, or put tenants in them and fraudulently collected the rent. Another con artist, who belonged to six different churches, victimized church-goers under the guise of being a mortgage broker. At church where he hunted for his victims, he persuaded his fellow parishioners to fill out mortgage loan applications, so he could see if he could "find them a better interest rate." Using their personal identifying information, he obtained mortgages in their names and bought 25 houses, which he then filled with tenants and collected the rent. How did he get his victims' notarized signatures on the mortgage documents? His girlfriend was a Notary who let him borrow her stamp and journal. Where do you report a Notary crime? Over the past six months, readers from a variety of states have messaged The National Notary Bulletin's blog comments section asking how to report alleged Notary crimes they witnessed. One reader claimed a Notary at a local car dealership was signing and notarizing the names of deceased people on documents. Another from New York claimed that a local Notary was notarizing fraudulent signatures with an expired commission. A third alleged a Notary had falsely notarized documents to enable someone else gain ownership of her deceased father's car. If you observe that another Notary has intentionally committed a criminal act, you should report the conduct to the agency that regulates Notaries in your state. Some states like Florida and California even provide forms online to make your complaint. However, while state Notary agencies may be able to administer administrative penalties for Notary misconduct, this does not guarantee that a bad Notary will be referred to law enforcement for criminal prosecution. When reporting a suspected Notary crime in Florida, the Florida Notary Department says a complaint should include any facts related to the alleged misconduct, including the portion of Chapter 117 of the Florida Statutes which is relevant, along with copies of any documents alleged to be improperly notarized. According to California Notary Public Section Manager Lee Garvey, the best way to report fraud committed by California Notaries is to complete the complaint form and include certified copies of any relevant documentation to the following address: California Secretary of State Notary Public Section P.O. Box 942877 Sacramento, California 94277-0001. While the state Notary office can investigate complaints against California Notaries, it does not have the legal authority to order money to be refunded or damages to be awarded. Garvey said any questions about recovering lost funds or voiding fraudulently notarized documents would need to be answered by an attorney. Other agencies that investigate Notary crimes Lee Garvey brings up an important point. Commissioning officials generally do not have the authority to pursue criminal complaints involving Notary misconduct. After notifying your Notary commissioning and regulating official, you should also file a report with local authorities such as the police, the district attorney, or a local government fraud investigative unit. These authorities then can review the report and determine whether to file a criminal complaint against the perpetrator. "Unfortunately, the most common illegal Notary acts reported to our office are those that we do not have authority to investigate, mostly involving allegations of fraudulent signatures. We advise the complainants to contact local law enforcement, a local prosecuting attorney, and their own private attorney for assistance," said Arkansas Notary Administrator David Easley. Even if your state Notary commissioning or regulating official can't directly investigate a complaint, Easley said it's still a good idea to contact them anyway and report the suspected crime. "By submitting the Notary complaint, they are putting the Notary Public and the Arkansas Secretary of State on official notice that suspected illegal activity has occurred. This is an important first step in seeking any sort of criminal and/or civil recourse," Easley said. Sam Taylor, Texas Assistant Secretary of State for Communications, suggested that if the Notary crime being reported involves identity theft, phone or email scams, elder abuse, or healthcare fraud, the suspected illegal activity should be reported to a state consumer protection agency, such as the Attorney General's Consumer Protection Division in Texas. What information you should provide? Supporting information is very important when reporting a suspected Notary crime to Notary commissioning and regulating officials and local law enforcement. You should include as much information as possible about the Notary involved, as many details about the alleged crime as you can along with copies of supporting documents or evidence you have. "It is important to include the name of the Notary as it appears on the Notary's commission, the commission number, the business or mailing address for the Notary, and all relevant details regarding the notarial misconduct being alleged," Garvey said. In Texas, the Notary complaint must include documentation that supports the allegations, including a copy of the notarized document in question, and the completed complaint form must be notarized with a sworn statement under penalty of perjury that the information submitted in the complaint is true and correct, Taylor said. But don't be afraid to report a suspected crime even if you don't have all the details. You never know when it might add the missing puzzle piece to an investigation that is already underway. If you observe a colleague intentionally violating their Notary duties, make a report to the government agency that regulates your profession and to law enforcement as soon as possible. The damage that an unscrupulous Notary can cause is too great to let it slide.

reaking the law when parking, driving, or littering may earn you a ticket or a small fine. Breaking the law when notarizing can result in jail time, loss of your Notary commission, or thousands of dollars in costly lawsuits. This doesn’t mean the police are waiting around every corner to haul you off to prison if you violate a Notary law. But willingly breaking the law during a notarization doesn’t just lead to more paperwork — it enables fraud that can potentially cost thousands of dollars and embroil your customers in legal problems that can last years. In this article, we’ll show you four illegal actions Notaries should never do, why these acts can harm you and the public, and their potential consequences. Illegal Notary Act 1: Entering false information on a Notary certificate What does this mean? Signers often need documents notarized in a hurry to meet important deadlines; if an issue comes up that could delay a transaction, signers sometimes ask Notaries filling out a certificate to write a false date for the notarization (known as “backdating”) or alter other information in the certificate (such as listing an absent signer as present during a notarization) to expedite the document transaction. Never do this! Why is it illegal? Businesses, government agencies, and consumers rely on notarization to ensure the integrity and trustworthiness of documents. If you falsify information on a certificate, whoever possesses the fraudulently notarized document can use it to commit fraud. What are the consequences? Knowingly falsifying a Notary certificate is prohibited in every state and can result in severe penalties. For example, in Georgia, a Notary who knowingly executes a certificate containing false information can be found guilty of a misdemeanor. In California, being found guilty of intentionally falsifying Notary certificate information is a misdemeanor, and if it involves an acknowledgment, a civil penalty of up to $10,000. Illegal Notary Act 2: Failing to require a signer to personally appear during a notarization What does this mean? One of the most common — and potentially damaging — illegal acts a Notary can do is notarizing a person’s signature without the signer’s personal appearance. When you perform a notarization, the signer must always personally appear. For traditional pen-and-paper notarizations, the signer must be present before you during the notarization. For remote notarization, the signer must appear and communicate with you using audiovisual communication technology compliant with your state’s laws. Never notarize without the signer’s personal appearance. Why is it illegal? Suppose you notarize a signature without the signer personally appearing. In that case, you cannot know if the person signed the document willingly — or if the signature was falsified by someone else! You also have no way to prove the person’s identity. In many documented cases, scammers who convinced Notaries to ignore personal appearance requirements faked the notarized signatures themselves to commit elder abuse, real estate fraud, or other crimes. What are the consequences? Personal appearance is one of the basic requirements of notarization. In Florida, failure to require personal appearance is a civil infraction punishable by up to $5,000, and it doesn’t matter if the Notary did it without intent to defraud. In North Carolina and Hawaii, not only is the Notary’s commission automatically revoked, it is a misdemeanor offense. Illegal Notary Act 3: Letting someone else use your seal What does this mean? Only you — the commissioned Notary — are authorized to use your official seal to perform notarizations. No other person — including family members, co-workers, or an employer — can use your seal for any purpose. Never let anyone else use your Notary seal. Why is it illegal? Your official seal is used to authenticate every notarization you do. In the wrong hands, a seal could be used to fool authorities into accepting a falsified document as authentic. Worse, if someone else uses your seal to commit fraud, you could face penalties if you fail to follow state rules for securing the seal. You yourself could become a victim and be required to hire an attorney to prove you didn’t perform the illegal notarizations. What are the consequences? In California, a Notary who willfully fails to keep their seal under their sole control can be found guilty of a misdemeanor offense and could incur an additional civil penalty of $1,500. If the Notary negligently fails to protect the seal, the civil penalty is $750. Even in states without rules for securing a Notary seal, allowing someone else to use your Notary tools could make you potentially liable for a lawsuit if the other person uses your seal to commit fraud. Illegal Notary Act 4: Charging an improper Notary fee What does this mean? When charging a signer for your services, you should never charge a higher Notary fee than your state allows. You must also avoid charging fees that are not allowed in your state. Why is it illegal? The fees Notaries can charge are regulated by state law. For example, Florida Notaries may not charge more than $10 for each traditional notarization or more than $25 for a remote notarization (although the $25 maximum fee doesn’t cover fees for services other than performing notarial acts). Some states also regulate other fees Notaries may charge, such as travel fees. These regulations are in place to protect customers from being unfairly price gouged by Notaries. While some states do not set maximum fees, they may have other guidelines. For example, Arkansas does not have a fee limit, but any fee for services must be “reasonable” and agreed to by the signer before the notarization occurs. Also, some states (for example, Missouri) prohibit Notaries from charging fees for certain services, such as charging for notarizing signatures on absentee ballots. What are the consequences? In Arizona, charging an improper fee may result in liability up to four times the unlawful amount charged and is a class 5 felony (A.R.S. §§ 38-413), and may result in your commission being suspended or revoked. In Texas, charging a Notary fee beyond the statutory maximum could result in criminal prosecution and suspension or revocation of your commission. Always follow your state’s Notary fee rules and guidelines for any other associated fees.

0 states have enacted laws permitting remote online notarizations (RON). In many of these states, you will need to choose an approved RON platform that provides the technology you need to remotely notarize. How do you choose the one that's best for you? We asked remote Notaries what are the 5 most important questions to ask when choosing a RON platform. Here's their list: Does the platform meet your state's RON requirements? What security measures does the platform use to protect your Notary records? How much does it cost to sign up? How easy is the platform to use? Does the platform provide technical support? Question 1: Does the platform meet your state's RON requirements? RON requirements and laws vary between states. It's vital to choose a platform that complies with your Notary laws. Most states either require RON platforms to be approved by the commissioning official or meet performance standards established for the performance of remote notarizations. If a state requires formal approval, the Notary regulating agency usually will provide a list of approved platforms. Information on each state's RON requirements is available on the NNA Knowledge Center RON resources page. (Note: The NNA does not endorse any specific remote notarization platform. — The Editors) John Bayne, the 2021 Notary of the Year and one of the first remote Notaries in Florida, also suggests Notary Signing Agents ask if a platform is MISMO (Mortgage Industry Standard Maintenance Organization) compliant if they want to perform loan document signings using RON. Question 2: What security measures does the platform use to protect your Notary records? Once you confirm the platform meets your state's requirements, you should ask what security measures the platform uses to protect your information and records. Many platforms also provide storage for remote notarization journal records and audiovisual recordings, or contract with a repository to provides storage for these notarial records. Look at the terms of service or any contract you are required to sign with a platform or repository for information about their security measures and practices. You'll want to know how they protect passwords, the level of encryption they use to protect journal entries and audiovisual recordings, and whether they allow anyone to access these records without your consent. Question 3: How much does it cost to sign up? The remote Notaries we spoke to said it's important to carefully review the cost of signing up with a platform — especially if there are fees for other services provided. For example, some vendors charge monthly or annual fees to users. Here are some other types of extra charges platforms may charge: Fee for video links and storage of Notary records A separate fee each time you use the platform If the platform also provides you with assignments, a fee for setting up assignments for you. Such a fee may or may not be waived if the client can't provide satisfactory ID or the Notary decides they are not comfortable completing the signing Maintenance costs Kentucky Notary John Holder reminded readers that being a Notary is a business and keeping track of RON platform expenses is necessary to run a successful business. Question 4: How easy is the platform to use? Another important factor when choosing a RON platform is how easy it is for you and your signers to use. Betty Krachey, a Notary in Tennessee who has been performing RONs for about a year, likes RON platforms that allow Notaries to perform a "free demo" for signers before the actual notarization to show how the process works. This helps the Notary guide a customer who is having difficulty with RON. Tanica Minnis, a Florida Notary who uses Notarize as her preferred platform, said she likes how the platform sends reminder emails to her clients about scheduled appointments and is easy to use for her and her customers. Question 5: Does the platform provide technical support? Finally, remote Notaries said it's important to ask if the platform provides tech support if there's an issue with the system during a notarization. Virginia Notary Takisha Robinson, who uses Secured Signing, said she not only asked if tech support was available before signing up but also wanted to know when support was available. Would they be available 24/7 to help her? If not, Robinson said it's good to check where the platform is located, as available support may be available only during business hours in the time zone where the platform is located. Krachey described how she was once performing a remote notarization for a signer located abroad, and the RON platform she formerly used crashed. She contacted them for help, but they didn't respond for a week. She says she prefers her current platform, SIGNiX, because they not only provide faster support, they also offer monthly meetings to share updates about their platform and answer questions from Notaries. Final note: Some states — but not all — allow signing up with multiple platforms In some states, Notaries must use a single RON platform, but other states may allow Notaries to sign up with more than one. Bayne suggested new RON Notaries confirm whether your state allows the use of multiple platforms before choosing your platform.

Because remote notarization is still a new process, many people aren't clear how it works — especially regarding where a Notary and signer can be located when the remote notarization takes place. In this article, we'll look at the basic rules for Notary and signer location when a remote online notarization takes place in states that have adopted permanent laws. Procedures for states that have adopted temporary remote notarization rules may vary. You can find additional details about permanent state rules and guidelines at the NNA Knowledge Center and more information about temporary state remote notarization guidelines in the Notary Bulletin. Rule 1: The Notary must be physically present in the commissioning state. With the possible exception of Virginia, every state with permanent remote notarization laws requires the Notary to be physically present within the borders of the commissioning state when performing a remote notarization, just like when performing a traditional pen-and-paper notarization. For example, a Texas Online Notary authorized to perform remote notarizations can do so while physically located in Texas. But if the Notary travelled to another state or country, the Notary could not perform remote notarizations outside the borders of Texas. Rule 2: In most cases, the signer does not have to be physically present in the same state as the Notary. While the Notary must be physically located in the commissioning state during a remote notarization, in most cases, the signer can be located either inside or outside the state when the remote notarization takes place — or even in a different country! States with special rules There are a few states that have other special location rules or restrictions for a remote notarization. In states that have enacted the Revised Uniform Law on Notarial Acts (RULONA) provisions for notarizations involving remotely located individuals, two rules come into play. First, Notaries may only perform a notarization for a remotely located individual who is outside the United States if the matter or record involving the remote notarization has a "nexus" with the United States, such as a record relating to a matter before a U.S. court or other government entity, or involving property in a U.S. jurisdiction. Second, the remote notarization may only be performed if the act is not prohibited in the jurisdiction where the remotely located individual is at the time of the remote notarization. States with these provisions include Washington, Pennsylvania, and Idaho. In Colorado, a Notary must not have knowledge that the remote notarization is prohibited in that jurisdiction. In West Virginia, Notaries can only perform a remote "ink" notarization for a signer who is located in West Virginia. If the signer is located outside West Virginia, the Notary must be commissioned as an out-of-state commissioner of deeds.

ompleting the Notary certificate wording correctly is an important part of the notarization process and critical in establishing the trustworthiness of the notarial act. This article and video will show you the information you need to write in each part of the certificate wording, and common mistakes to avoid. Filling out the venue The venue shows where the notarization takes place. Typically, this is the county and state where the notarization is performed. However, some venue forms may ask you to write information such as the city instead of the county. When completing the venue: Always write the location where the notarization actually took place. For example, if the notarization took place in Los Angeles County, California, you would write "State of California" and "County of Los Angeles." Do not write a different location other than where the notarization was performed! For example, Notaries sometimes mistakenly write the county where their Notary commission is filed instead of the location where the notarization took place. Filling out the main body of the Notary certificate The body of a certificate provides the details of the notarial act. While the language varies depending on the type of notarization and the law of state in which you are commissioned, the main body of a certificate will require you to note the date of the notarization, the name of the signer appearing before you, and your official name as the Notary. When completing the main body of a certificate: Enter the correct date. This must be the actual date the notarization takes place. Never pre- or backdate the certificate or falsify a date on a certificate, even if you are asked to do so. Falsifying a certificate is illegal and could result in you losing your commission and facing civil or criminal penalties. Write the signer's and your name in the correct locations on the certificate! Sometimes careless Notaries will write their own names in a space intended for the signer's name. This can lead to the document being rejected by a receiving agency. Signing the certificate You must sign each Notary certificate. When signing the certificate: How you sign your name matters. Your signature should match the name that is on file with your commissioning official. In some states, this is the signature that you signed on your Notary application or oath of office form. Depending on your state's rules, you may also be asked to also print your name, your title "Notary Public," or commission expiration date. Make sure all signers are present if only one acknowledgment certificate appears at the very end. If the certificate is not present, the decision to use one or more certificates should be made by the party issuing the document. If all signers are not present, you'll need to use additional certificates if you notarize the signatures of these individuals later. Affixing your Notary seal to the certificate Most states require you to affix your Notary seal to the certificate to authenticate the notarial act. Typically, the seal will be affixed next to your signature. When affixing your seal on the certificate: Be sure the seal impression is clear and legible. If the seal is smudged or blurry, affix a second seal impression nearby the first. Do not place the seal where it would cover any text or signatures on the document.