Fifth in a series of articles on the Notary Profession. This article covers Fingerprinting; "unique", perhaps one of the most misused words, truly applies to our fingerprints. I will discuss why we have fingerprints, some of the earliest uses, a bit about types and classifications; and how to obtain fingerprints that will be acceptable. We leave fingerprints whenever we touch something; but the requirements for acceptable prints include proper preparation, environmental control and a skilled technician.
The earliest use of fingerprints was in ancient Babylon, on clay tablets to record business transactions. Fingerprints are a much more humane way to identify criminals compared to previously used methods including branding (the French used a fleur-di-lis symbol), tattooing (in early Rome to identify and prevent desertion of mercenary soldiers) and even maiming (removing the hand of a thief). The objective was the same, to identify career criminals.
While most of the body's skin is smooth, our fingers, palms and feet have "friction ridges", which allow our extremities to grip, manipulate, and have traction. A carryover from prehistoric times, friction ridges helped us climb rocks and trees to enter our caves and gather food. Our extremities were our first "tools". Friction ridge patterns established prior to birth; are unique and unalterable. It is these slightly higher friction ridges that touch smooth surfaces and leave a distinctive pattern: a fingerprint.
Dactyloscopy is the science of using fingerprints to identify a person. The three basic fingerprint patterns are the Arch, Loop and Whorl (circle). The basic patterns are further classified until similarities are eliminated, leaving a single qualifying fingerprint. The FBI now receives over 34,000 fingerprint cards daily, classification is required to categorize each person; comparison against the database (one of the largest and fastest growing databases in the world) would be impractical.
Friction Ridges are subject to wear, being slightly higher than the base skin layer. As a fingerprint technician, I have noticed that some people have very "shallow" ridges. This occurs from occupational and hobby activities. Some of the more difficult people to fingerprint successfully (accepted for classification) include: medical professionals who wash their hands literally hundreds of times a day; string instrument players not using a "pick"; artists, painters, and others working with chemicals who do not wear protective gloves; sailors working with ropes and receiving the inevitable "rope burns"; and employment in overseas laundries still using phosphates. There are many others.
Most fingerprinting is done using "Live Scan", Inkpad, or "Slab and Roller"; each has advantages. The Live Scan method is basically a scanner that photographs the fingertips - no ink is used. It is generally very fast and accurate. Unfortunately, though promising, few requesters are equipped to accept the electronic feed, mobile (at your location) units are very expensive, and there is no "hard copy" fingerprint card produced. Most fingerprinting is done with a specialized "inkpad" (not the inkpad used with rubber stamps!) and a device to hold the fingerprint card. In difficult cases, where the applicant has very shallow "ridges" - the Glass Slab and Roller replaces the inkpad. Slab and Roller allows the fingerprint technician to precisely control the amount of ink spread by the roller on the slab and subsequently "picked up" by the fingertips. Properly prepared, the smooth glass slab is almost transparent - even with the ink!
You will need to present to the Notary / Fingerprint Technician positive government issued photo ID. The technician signing the card is aware they are (typically) preparing an entry for the FBI's database; and will insist on very positive ID. Most print cards require the use of black ink. Print your name - Very Legibly - at the top, including full middle name, not middle initial. You sign in the "signature of person fingerprinted" box, and the technician signs and dates as "official taking fingerprints". Complete the entries prior to fingerprinting. Be sure to include the business card of the fingerprint technician when you submit the card! If there is any question, the technician can then be contacted; as there is no place for the technician phone number on the card. Keep a card for yourself, a good fingerprint technician will offer a redo or refund if their work is rejected.
Prior to fingerprinting the hands should be washed (twice) with soap and hot water taking care to remove all soap, hand cream, etc. Next, a "pre-print" alcohol wipe is applied to the fingertips further drying the fingertips. A skilled technician will arrange the fingerprint card holder based on the height of the client, and position their client's stance such that the arm and wrist are able to turn smoothly. It is very important that the room be a bit cooler than comfortable - prints taken in a hot or humid environment will suffer from "running" and will not be acceptable. Avoid fingerprinting a seated subject.
Follow the directions of the technician. Most of all do not attempt to "assist" in the procedure. It is a mistake, and will degrade the prints if you add pressure, actively turn your finger or watch the process. It is really best if you close your eyes or look away. From my experience, watching will involuntarily cause you to "assist". An experienced technician will take a few "test" prints on scrap paper to judge the amount of pressure (different for applying ink / taking the fingerprint) and "twist speed" required for optimal results. Occasionally an individual print (one of 20 on a fingerprint card) will be substandard. "ReDo" tabs, rectangular peel and stick "overlays" are used to correct a misprint - no more than three per card is customary.
Fingerprints are truly unique. The DNA of identical twins is identical; however, their fingerprints differ! Our appearance changes dramatically over our lifetimes; our fingerprints do not. Sir Francis Galton, (British anthropologist and a cousin of Charles Darwin), in his landmark book "Fingerprinting, 1892" included one of the first classification systems for fingerprinting. He calculated that the odds of identical fingerprints were one in 64 billion! Take good care of those fingertips, with the exception of that slight statistical deviation; they are truly unique.
Note: New York State does not specifically license fingerprint technicians. If such a license existed I would have it. The authority for me to fingerprint comes from my New York State Notary Commission, allowing me to administer "oaths" and "establish identity". Not one single card has ever been rejected for lack of "authority". Prior to signing as "Official taking fingerprints" each notary must investigate their state and local laws regarding licensing; and obtain proper training. Similar to Notarization; Fingerprinting involves public trust and the responsibilities are profound. Be certain you are authorized and trained, and can tell at a glance "good from bad" prior to commercial operation. Consult an attorney for legal advice prior to fingerprinting in your jurisdictions.
http://kenneth-a-edelstein.com
Friday, July 4, 2008
Sunday, June 29, 2008
Apostille - The International Notarization
Fourth in a series of articles on the Notary Profession. This article covers the Apostille, which provides a methodology for the International acceptance of Notarizations. Targeted to personal needs, as opposed to business transactions; signatory nations agreed to honor Apostille bearing instruments as if the underlying notarization occurred within their own boarders. The primary effect was to shift "Authentication" of the notarization from the receiving country's Embassy/Consulate to the sending country's State Department or other authorized body.
At The Hague "Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents", 90+ sovereign nations agreed to accept notarized documents, (and documents from numerous other officials); without the need for the more complex and expensive Legalization process. The Legalization process required documents to be processed at the "target" country's Consulate or Embassy. The Apostille processing is done in the country of origination. Legalization is still required for numerous business related documents.
A practical example will clarify the use of the Apostille. Mr. Smith, living in New York City wishes to sell his house in Argentina. He contacts an attorney in Argentina to handle the sale for him. The attorney will require a Power of Attorney (POA) from Mr. Smith giving the attorney authority to sign Mr. Smith's name on various documents. The Argentine authorities require the POA to be notarized. One option for Mr. Smith is to fly to Argentina, and sign the POA in front of a notary in Argentina. An alternative is for Mr. Smith to sign the POA in the presence of a New York notary; and have an Apostille affixed to the document, then ship the Apostille bearing POA to his Argentine attorney. Both procedures are legally equivalent.
A clear distinction between the truthfulness of the content of a document and the validity of the signature must be stressed. Responsibility for the content rests with the person signing the document. An example would be an affidavit, or sworn statement. The affiant's signature, in response to the Notary Oath, (...and that the statements are true and accurate to the best of your knowledge...), establishes the truthfulness of the document. The Notary's stamp and embosser attest to the notary's verification of the affiant's identification. The notary has no requirement to read or validate the content of the document, only the signature. Once the document is notarized, (the notary should take care to use both stamp and embosser), the document can be submitted for Apostille processing.
Not every document qualifies for Apostille Processing. The rules vary greatly with local authorities. In New York, a student's sworn statement that the attached transcript of grades (even if it is an original from their school) is not acceptable for Apostille processing - if the school is located in New York. The state requires the Registrar's signature to be notarized, not the student's. However, if the school is located outside of the City of New York, the student's statement does qualify to receive an Apostille. A similar requirement applies to Birth, Death and Marriage documents - only the signature of the official (handwritten) directly responsible for creating the "certified copy" can be notarized for Apostille processing.
The Apostille represents the end of a chain of verifications. First, the Notary inspects the credentials of the affiant and notarizes the document. Next, the authority (signature and commission expiration date) of the notary is verified by local officials, adding a document attesting to the validity of the notary's signature and seal. Finally, in the case of New York, the Secretary of State, of the State of New York; acting under authority of the Secretary of State of the United States; adds an Apostille to the document. That Apostille is internationally recognized (by signatory nations) as having an authentic and checked signature. I must emphasize that the Apostille adds nothing to the credibility of the content of the document.
Most of my work obtaining Apostles involves "notarial acts" as permitted by the Convention. These notarizations are often the cause of processing rejection. It is absolutely essential that the underlying "base" notarization be completed perfectly! The next step, after notarization, involves a very close scrutiny of the notarization itself. The slightest flaw will cause rejection. Each state has slightly different requirements for proper notarization. It is common that the "venue", or location where the notarization was done be included and a statement by the notary as to the date and name of the affiant. Also, vital for acceptance is a clear notary stamp, with accurate commission expiration date. Embossing should be done on any notarization that is going out of state. The notary must perform the initial notarization correctly; as frequently the affiants are not available for a redo and re-sign.
Some countries, Canada for example; are not signatory to the Hague Convention regarding Apostles. For these nations the processing is exactly the same; however, they are issued a document entitled "Certification" in lieu of an Apostille. At the final step, when the Apostille application is presented with the document; the "target country of use" must be stated. Actually, the Apostille is not specific to a country. The question is asked to determine if an Apostille or Certification should be issued. If an application is submitted for Finland, the Apostille issued is just as valid in Malta.
Thus, the Apostille bearing instrument can achieve near worldwide acceptance. The Apostille (issued at the Sovereign Nation level); verifies the authenticity of the local officials, who in turn verified the validity of the notary. And, that notary initially checked the ID of the person signing the document. It would be impractical if not impossible for a foreign official to conduct such a validation. The presence of the internationally recognized and hard to counterfeit (due to gold seal and embossing) Apostille; facilitates the acceptance of documents for Hague member states.
http://kenneth-a-edelstein.com
At The Hague "Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents", 90+ sovereign nations agreed to accept notarized documents, (and documents from numerous other officials); without the need for the more complex and expensive Legalization process. The Legalization process required documents to be processed at the "target" country's Consulate or Embassy. The Apostille processing is done in the country of origination. Legalization is still required for numerous business related documents.
A practical example will clarify the use of the Apostille. Mr. Smith, living in New York City wishes to sell his house in Argentina. He contacts an attorney in Argentina to handle the sale for him. The attorney will require a Power of Attorney (POA) from Mr. Smith giving the attorney authority to sign Mr. Smith's name on various documents. The Argentine authorities require the POA to be notarized. One option for Mr. Smith is to fly to Argentina, and sign the POA in front of a notary in Argentina. An alternative is for Mr. Smith to sign the POA in the presence of a New York notary; and have an Apostille affixed to the document, then ship the Apostille bearing POA to his Argentine attorney. Both procedures are legally equivalent.
A clear distinction between the truthfulness of the content of a document and the validity of the signature must be stressed. Responsibility for the content rests with the person signing the document. An example would be an affidavit, or sworn statement. The affiant's signature, in response to the Notary Oath, (...and that the statements are true and accurate to the best of your knowledge...), establishes the truthfulness of the document. The Notary's stamp and embosser attest to the notary's verification of the affiant's identification. The notary has no requirement to read or validate the content of the document, only the signature. Once the document is notarized, (the notary should take care to use both stamp and embosser), the document can be submitted for Apostille processing.
Not every document qualifies for Apostille Processing. The rules vary greatly with local authorities. In New York, a student's sworn statement that the attached transcript of grades (even if it is an original from their school) is not acceptable for Apostille processing - if the school is located in New York. The state requires the Registrar's signature to be notarized, not the student's. However, if the school is located outside of the City of New York, the student's statement does qualify to receive an Apostille. A similar requirement applies to Birth, Death and Marriage documents - only the signature of the official (handwritten) directly responsible for creating the "certified copy" can be notarized for Apostille processing.
The Apostille represents the end of a chain of verifications. First, the Notary inspects the credentials of the affiant and notarizes the document. Next, the authority (signature and commission expiration date) of the notary is verified by local officials, adding a document attesting to the validity of the notary's signature and seal. Finally, in the case of New York, the Secretary of State, of the State of New York; acting under authority of the Secretary of State of the United States; adds an Apostille to the document. That Apostille is internationally recognized (by signatory nations) as having an authentic and checked signature. I must emphasize that the Apostille adds nothing to the credibility of the content of the document.
Most of my work obtaining Apostles involves "notarial acts" as permitted by the Convention. These notarizations are often the cause of processing rejection. It is absolutely essential that the underlying "base" notarization be completed perfectly! The next step, after notarization, involves a very close scrutiny of the notarization itself. The slightest flaw will cause rejection. Each state has slightly different requirements for proper notarization. It is common that the "venue", or location where the notarization was done be included and a statement by the notary as to the date and name of the affiant. Also, vital for acceptance is a clear notary stamp, with accurate commission expiration date. Embossing should be done on any notarization that is going out of state. The notary must perform the initial notarization correctly; as frequently the affiants are not available for a redo and re-sign.
Some countries, Canada for example; are not signatory to the Hague Convention regarding Apostles. For these nations the processing is exactly the same; however, they are issued a document entitled "Certification" in lieu of an Apostille. At the final step, when the Apostille application is presented with the document; the "target country of use" must be stated. Actually, the Apostille is not specific to a country. The question is asked to determine if an Apostille or Certification should be issued. If an application is submitted for Finland, the Apostille issued is just as valid in Malta.
Thus, the Apostille bearing instrument can achieve near worldwide acceptance. The Apostille (issued at the Sovereign Nation level); verifies the authenticity of the local officials, who in turn verified the validity of the notary. And, that notary initially checked the ID of the person signing the document. It would be impractical if not impossible for a foreign official to conduct such a validation. The presence of the internationally recognized and hard to counterfeit (due to gold seal and embossing) Apostille; facilitates the acceptance of documents for Hague member states.
http://kenneth-a-edelstein.com
The Notary Signing Agent "Loan Closing" - Process, Preparation & Pitfalls
Third in a series of articles on the Notary Profession. This article covers what the Notary Signing Agent should do, might do, and Must Not Do. Some states require a lawyer to be present at "closings" - the meeting where the loan documents are signed. Actually a misnomer, correctly called a "signing"; as nothing is finalized at this step. Borrowers and Notaries both have responsibilities and should prepare carefully for this meeting.
Perhaps it would be best to cover the events, from the desire for a mortgage, or re-finance, to funding; chronologically, as the timeline is the only common aspect. The borrower completes a Loan Application (more on the importance of this later), and numerous other documents. These are usually signed at the location of the Lending Institution (bank), in the presence of the Loan Officer (LO). Once approved by the bank, the processing becomes very interesting indeed.
The LO's bank will lend money to the borrower based on the Mortgage as collateral for the loan. Banks do not like to take any risk whatsoever. What if the borrower does not have "clear title" to the property? To protect the bank, the bank requires the borrower to pay for "Title Insurance" issued by a "Title Co.". So the next step is for the LO to contact a Title Co. to arrange for the insurance. Note that from this point forward the Title Co. "calls the shots"; as the Title Co. is the only party taking "risk". If they do not issue the necessary insurance, there is no loan.
Eventually, after the loan has been approved, and the Title Insurance has been approved - usually about 2-3 weeks after the Loan Application; the stage is set for the actual processing of the paperwork. Various documents must be notarized, and it is the role of the Notary Public to check the ID's of affiants on notarized documents; and there will be many! The mortgage is always notarized; and frequently two copies are processed; in case the messenger sent to record the mortgage at the local county clerk's office loses it on the way. That actually does happen.
At this point the documents, typically from 80 to 125 pages are computer generated and ready for the Notary Signing Agent to bring to the borrower. But first a qualified NSA must be selected. As it is the Title Co. who is most interested in proper completion of the paperwork, they take on a leadership role to get the documents signed by the borrowers. But, not wanting to actually deal with, or have to select notaries, they often use a Signing Service (SS) to actually choose the notary.
At this point the Signing Agent gets a call asking if they are available to be at so and so location at such and such a time. If not, they call the next agent on their list. If it works for the agent's schedule, they negotiate a fee. That fee is based on the requirements to process the Loan Package. Variables include the number of pages, the distance to the borrower, time of day (extra for me to be there at 7AM on Sunday), etc. Also discussed are how and when the package is to be sent to the Signing Agent - overnight, usually via FedEx or E-mail. The latter has usually has an additional fee. Once an agreement is reached, the Signing Service, on behalf of the Title Company sends a "work order" to the Signing Agent.
Now the ball is in the Notary Signing Agent's court. Everyone who did anything prior to this point is depending on the NSA to get the borrower's signatures and initials completely, and to do the requisite notarizations accurately. The NSA must also make sure any "non borrowing spouse" is present to sign docs as required by state law. There is much for the NSA to do. First the borrower must be called to confirm the "work order" as to contact information and address and to verify the scheduled time of meeting; and that all will bring proper ID to the table. Next, the NSA must receive and print two sets of the loan documents (borrower copy and bank copy). A good NSA will explain what will take place at the "signing" and remind the borrower to have their photo ID (and a copy to submit) ready for the meeting. A really good NSA will ask the borrower what name is on their ID, as the property "vesting" name sometimes differs from the name on the borrower's ID. If so, the NSA contacts the Signing Service to get the documents corrected, or the borrower finds appropriate ID matching the documents.
Finally, usually with barely enough time to print and drive; the E-doc is received and two sets printed. If there is adequate time after printing, some NSA's like to pre-notarize the documents so they are able to devote their full attention to the signing process. Map in hand, GPS programmed, hoping the traffic is light; the NSA departs for the scheduled meeting with the borrower. A good NSA always uses a GPS to find the borrower's location and does not get lost in the process. After dark jobs usually require a powerful flashlight to see house numbers in residential neighborhoods.
The NSA shows their ID and requests the ID of the borrower(s). Then, the page by page completion of the documents begins. A single flaw, omission, or unreadable date (usually by the borrower) will often result in a complete re-draw of everything. The experienced NSA knows to "swap a page" from the borrower's copy to allow a redo of a page with an error. The process usually takes about an hour, depending on the size of the Loan Package, how much the borrower wishes to read, and the amount of information to be entered. Often the borrower has questions and "attempts" to contact the LO. If, as is sometimes the case; the borrower receives the package directly, days prior to the Notaries arrival; they are expected to read it and ask their LO any questions. But, some borrowers want to ask questions of the Notary Signing Agent.
Title Co.'s and Signing Services tell the NSA to "explain the documents, but do not give legal advice". It's a really fine line between the two. Most NSA's choose the side of caution and only define terms and assist the borrower to find documents with desired information (the interest rate, the APR, the pre-payment penalty). At this time, the computer generated replacement for the original hand written Loan Application is signed. This is one of the most important documents. It is on this document that the borrower has made claims about their credit worthiness, salary, etc. Any false statement on this document would allow the Lending Institution to demand the loan be paid in full immediately! Also, many of the numbers on this document will be wrong - because time has passed since it was originally signed - some debts shown will be higher or lower.
Having been on several thousand signings the environmental aspects of the borrower's premises are worthy of comment. They range from a well lit kitchen table in an air-conditioned room - to, and I am not making this up - a fruit fly infested room where the borrower pursues his hobby of "naturally" raising Iguanas! There are many other pitfalls. In New York the Notary is mandated to only use black ink; but Pinellas County, Florida will not record a mortgage unless all signatures are in blue ink! I have been asked several times (verbally, of course), to "backdate" my notarization date, as the papers have expired (borrower out of town, rate lock expired, etc.). In New York that is called Forgery, a class D Felony - worthy of seven years in prison!
Finally the documents are signed and notarized, the borrower given the Notary Oath - and it's off to FedEx to ship the documents to the Title Company. Well, not exactly. First some documents must be faxed, (lots of them if it will fund same day); and an airbill very carefully prepared. Phone calls must be made to report success or failure "at the table", and an invoice prepared. At last all is ready and the papers are handed off to FedEx.
Although the borrower thinks the "closing" has been completed - it actually has not even started. If I was a true "closing agent" - I would have a checkbook and be able to write the check on the spot. It used to be done that way many years ago. Now, the papers are received by the Title Company and they review them for errors. If their included documents, often called "junk docs" (because they tend to be 4th generation Xerox copies), are completed and notarized correctly they approve issuance of the Title Insurance and pass the paperwork to the Lending Institution. At that time the papers are again reviewed, this time the review is for the papers that originated from the bank. The bank, with the knowledge of Title Insurance approval; will at last do the real "Closing" - which allows for issuance of the check that the borrower has been seeking.
Thus, the Notary Signing Agent is an integral part of the process. Important documents are notarized to assure the validity of the signatures. No system is perfect. A notary can be fooled with a good forgery. So can a State Trooper, with a phony Driver's License. But, the bulk of the impersonation potential is filtered at the source by the NSA's diligence in pursuing valid ID and using their stamp and embosser on documents. Borrowers like to sign papers in the comfort of their own home/office - at their convenience. The licensed and professional notary, though a part of the system that caused the recent mortgage "melt down" disaster; was never a causative factor. If not for the diligence of professional notaries pursuing the NSA craft, things would have been much, much worse.
http://kenneth-a-edelstein.com
Perhaps it would be best to cover the events, from the desire for a mortgage, or re-finance, to funding; chronologically, as the timeline is the only common aspect. The borrower completes a Loan Application (more on the importance of this later), and numerous other documents. These are usually signed at the location of the Lending Institution (bank), in the presence of the Loan Officer (LO). Once approved by the bank, the processing becomes very interesting indeed.
The LO's bank will lend money to the borrower based on the Mortgage as collateral for the loan. Banks do not like to take any risk whatsoever. What if the borrower does not have "clear title" to the property? To protect the bank, the bank requires the borrower to pay for "Title Insurance" issued by a "Title Co.". So the next step is for the LO to contact a Title Co. to arrange for the insurance. Note that from this point forward the Title Co. "calls the shots"; as the Title Co. is the only party taking "risk". If they do not issue the necessary insurance, there is no loan.
Eventually, after the loan has been approved, and the Title Insurance has been approved - usually about 2-3 weeks after the Loan Application; the stage is set for the actual processing of the paperwork. Various documents must be notarized, and it is the role of the Notary Public to check the ID's of affiants on notarized documents; and there will be many! The mortgage is always notarized; and frequently two copies are processed; in case the messenger sent to record the mortgage at the local county clerk's office loses it on the way. That actually does happen.
At this point the documents, typically from 80 to 125 pages are computer generated and ready for the Notary Signing Agent to bring to the borrower. But first a qualified NSA must be selected. As it is the Title Co. who is most interested in proper completion of the paperwork, they take on a leadership role to get the documents signed by the borrowers. But, not wanting to actually deal with, or have to select notaries, they often use a Signing Service (SS) to actually choose the notary.
At this point the Signing Agent gets a call asking if they are available to be at so and so location at such and such a time. If not, they call the next agent on their list. If it works for the agent's schedule, they negotiate a fee. That fee is based on the requirements to process the Loan Package. Variables include the number of pages, the distance to the borrower, time of day (extra for me to be there at 7AM on Sunday), etc. Also discussed are how and when the package is to be sent to the Signing Agent - overnight, usually via FedEx or E-mail. The latter has usually has an additional fee. Once an agreement is reached, the Signing Service, on behalf of the Title Company sends a "work order" to the Signing Agent.
Now the ball is in the Notary Signing Agent's court. Everyone who did anything prior to this point is depending on the NSA to get the borrower's signatures and initials completely, and to do the requisite notarizations accurately. The NSA must also make sure any "non borrowing spouse" is present to sign docs as required by state law. There is much for the NSA to do. First the borrower must be called to confirm the "work order" as to contact information and address and to verify the scheduled time of meeting; and that all will bring proper ID to the table. Next, the NSA must receive and print two sets of the loan documents (borrower copy and bank copy). A good NSA will explain what will take place at the "signing" and remind the borrower to have their photo ID (and a copy to submit) ready for the meeting. A really good NSA will ask the borrower what name is on their ID, as the property "vesting" name sometimes differs from the name on the borrower's ID. If so, the NSA contacts the Signing Service to get the documents corrected, or the borrower finds appropriate ID matching the documents.
Finally, usually with barely enough time to print and drive; the E-doc is received and two sets printed. If there is adequate time after printing, some NSA's like to pre-notarize the documents so they are able to devote their full attention to the signing process. Map in hand, GPS programmed, hoping the traffic is light; the NSA departs for the scheduled meeting with the borrower. A good NSA always uses a GPS to find the borrower's location and does not get lost in the process. After dark jobs usually require a powerful flashlight to see house numbers in residential neighborhoods.
The NSA shows their ID and requests the ID of the borrower(s). Then, the page by page completion of the documents begins. A single flaw, omission, or unreadable date (usually by the borrower) will often result in a complete re-draw of everything. The experienced NSA knows to "swap a page" from the borrower's copy to allow a redo of a page with an error. The process usually takes about an hour, depending on the size of the Loan Package, how much the borrower wishes to read, and the amount of information to be entered. Often the borrower has questions and "attempts" to contact the LO. If, as is sometimes the case; the borrower receives the package directly, days prior to the Notaries arrival; they are expected to read it and ask their LO any questions. But, some borrowers want to ask questions of the Notary Signing Agent.
Title Co.'s and Signing Services tell the NSA to "explain the documents, but do not give legal advice". It's a really fine line between the two. Most NSA's choose the side of caution and only define terms and assist the borrower to find documents with desired information (the interest rate, the APR, the pre-payment penalty). At this time, the computer generated replacement for the original hand written Loan Application is signed. This is one of the most important documents. It is on this document that the borrower has made claims about their credit worthiness, salary, etc. Any false statement on this document would allow the Lending Institution to demand the loan be paid in full immediately! Also, many of the numbers on this document will be wrong - because time has passed since it was originally signed - some debts shown will be higher or lower.
Having been on several thousand signings the environmental aspects of the borrower's premises are worthy of comment. They range from a well lit kitchen table in an air-conditioned room - to, and I am not making this up - a fruit fly infested room where the borrower pursues his hobby of "naturally" raising Iguanas! There are many other pitfalls. In New York the Notary is mandated to only use black ink; but Pinellas County, Florida will not record a mortgage unless all signatures are in blue ink! I have been asked several times (verbally, of course), to "backdate" my notarization date, as the papers have expired (borrower out of town, rate lock expired, etc.). In New York that is called Forgery, a class D Felony - worthy of seven years in prison!
Finally the documents are signed and notarized, the borrower given the Notary Oath - and it's off to FedEx to ship the documents to the Title Company. Well, not exactly. First some documents must be faxed, (lots of them if it will fund same day); and an airbill very carefully prepared. Phone calls must be made to report success or failure "at the table", and an invoice prepared. At last all is ready and the papers are handed off to FedEx.
Although the borrower thinks the "closing" has been completed - it actually has not even started. If I was a true "closing agent" - I would have a checkbook and be able to write the check on the spot. It used to be done that way many years ago. Now, the papers are received by the Title Company and they review them for errors. If their included documents, often called "junk docs" (because they tend to be 4th generation Xerox copies), are completed and notarized correctly they approve issuance of the Title Insurance and pass the paperwork to the Lending Institution. At that time the papers are again reviewed, this time the review is for the papers that originated from the bank. The bank, with the knowledge of Title Insurance approval; will at last do the real "Closing" - which allows for issuance of the check that the borrower has been seeking.
Thus, the Notary Signing Agent is an integral part of the process. Important documents are notarized to assure the validity of the signatures. No system is perfect. A notary can be fooled with a good forgery. So can a State Trooper, with a phony Driver's License. But, the bulk of the impersonation potential is filtered at the source by the NSA's diligence in pursuing valid ID and using their stamp and embosser on documents. Borrowers like to sign papers in the comfort of their own home/office - at their convenience. The licensed and professional notary, though a part of the system that caused the recent mortgage "melt down" disaster; was never a causative factor. If not for the diligence of professional notaries pursuing the NSA craft, things would have been much, much worse.
http://kenneth-a-edelstein.com
Know Notarization and Know your Notary
The Second in a Series of Articles covering the Notary Profession. This article addresses the history and concepts leading to the current function of the Notary Public. It includes " Notary Trivia" and useful procedural information about both the notary's; and your responsibilities regarding Notarizations.
Perhaps the second oldest profession, the function of the Notary Public is one of the most ancient of public offices. It developed from a need to conduct commerce without face to face contact, and to assure the validity and transferability of contracts. Central to answering these needs was the Notary Public, a local who knew everyone - and everyone knew the Notary. Long before photo ID - the verification of signatures was only done on a personal knowledge basis. This carries over to modern times, as notarizations still have a "basis of notarization" selection for the notary - personally known or produced ID. If an individual signature could be in doubt, how then could the assurance of the notary be beyond reproach? Governing bodies developed the concept of a hard to duplicate notary seal, originally impressed into wax, it evolved into today's embossing.
In addition to the concept of signature authenticity, the concept of truthfulness was quickly appended. Words written, and signed before the notary, were sworn statements, compelling honesty; under penalty of law. Thus a contract could be both accepted as authentic and be enforceable. The document did not require a witness to add credibility to the signature, and could be brought before judicial authority if breeched. Early notaries were the equivalent of modern day Town Clerks. They recorded contract, births, deaths, marriages and conveyances. This is still true in some Latin American countries where the title of "Notario Publico" represents a major public official. It is illegal in New York State for a Notary Public to represent themselves using that title as it gives the impression of an authority to certify and authenticate documents that does not really exist.
Contrary to popular opinion, it is sometimes permissible for a document to be notarized to be signed prior to meeting with the notary. It depends on the wording in the notary section. If the phrase "this instrument was acknowledged before me" appears in the notary section - the responsibility of the notary is to establish ID and, with face to face contact; ask the person if they did indeed sign the document - then it can properly be notarized. If the phrase reads "sworn to and subscribed before me" - then the operative word is subscribed; and the notary is required to actually witness the signature. In every case the notary is required to have face to face contact and check the affiant's ID. It is always illegal to do a notarization "over the phone", or via FAX.
The start of the notary section contains a Venue; typically (in my case) "State of New York, County of New York" - that is where the notarization has taken place. The Latin letters to the right of the venue are typically: SS: (scilicet) meaning "namely" or 'in particular' or L.S.- (Locus Sigilli) - for 'place of seal'. Both serve the same purpose. The "SS" does not require someone to enter their Social Security number at that location! Often the preprinted notarization has an incorrect venue (typically where the property is located) as in a mortgage. It is the notary's responsibility to correct the Venue to the actual State and County where the document is to be signed.
A worst case practice by a dismal few notaries is the practice of merely stamping and signing a document (that does not have proper notarization wording) and calling it notarized. This occurs all too frequently. The proper procedure is to use an Acknowledgement stamp (directly on the document) or adding a separate page called a "loose Acknowledgement". It is required for the notary, in addition to the Venue - to make a statement, e.g.: "sworn to and subscribed before me", and the notary should print your name and the date of the notarization; in addition to the notary's signature - exactly the same as on their rubber stamp. Embossing by the notary is always a good idea.
Be sure the Notary you select has proper equipment - ask if they have: An Acknowledgement stamp to add proper notary wording to an existing document; Multiple size Notary stamps for "tight spots" and larger size for readability; Multiple embossers - one for "bottom" use / the other for "side" use; A good supply of Notary forms, Acknowledgement, Jurat, Affidavit of Photocopy, etc.; A copy of the Notary Law, and Phone Numbers / Addresses of Local County Clerk offices; A cell phone - that is always answered - by the same notary in case of a question; National Notary Association Receipts - often honored for rebate of Notary Fees; "Gold" foil - for embossing seals on documents to foreign countries; Pens, stapler, adhesive tape, etc - a mobile office of supplies to solve problems. All of these items are not needed for every notarization, but the better equipped notary is likely to have more experience in solving real world situations; without compromising.
You also have to do your part. It is your responsibility to provide proper ID. The standard is "government issued photo ID". I have had people present to me, and I rejected: a social security card (no photo); a Gold's Gym membership with photo (not government issued), a birth certificate (no photo), etc. Married women often have their Drivers License in their maiden name - bring your marriage license showing change of name and there will be no problem. It is the duty of the notary to notarize the name exactly as on the ID presented. If your driver's license has Thomas Smith, don't sign Tommy Smith, or request the notary to notarize a "stage name". A good notary will be quite strict about this. The duty of the notary is to protect you from someone using your name on a document. The notarization date must be the date you actually meet with the notary; the document date can be any date - in the past. Backdating documents places the notary at grave risk; technically it's the crime of Forgery.
Notarization is serious business. The oath given to you by the notary has the exact same legal consequences as one given to you in a courtroom by the bailiff of the court (do you swear to tell the truth......). False statements made on a notarized document are a serious crime. Technically it is Perjury, not something to take lightly. The role of the Notary Public has a proud heritage. With the requirement for ever greater security measures in our changing world, more frequent contact with the Notary Public is likely in the years to come.
http://kenneth-a-edelstein.com
Perhaps the second oldest profession, the function of the Notary Public is one of the most ancient of public offices. It developed from a need to conduct commerce without face to face contact, and to assure the validity and transferability of contracts. Central to answering these needs was the Notary Public, a local who knew everyone - and everyone knew the Notary. Long before photo ID - the verification of signatures was only done on a personal knowledge basis. This carries over to modern times, as notarizations still have a "basis of notarization" selection for the notary - personally known or produced ID. If an individual signature could be in doubt, how then could the assurance of the notary be beyond reproach? Governing bodies developed the concept of a hard to duplicate notary seal, originally impressed into wax, it evolved into today's embossing.
In addition to the concept of signature authenticity, the concept of truthfulness was quickly appended. Words written, and signed before the notary, were sworn statements, compelling honesty; under penalty of law. Thus a contract could be both accepted as authentic and be enforceable. The document did not require a witness to add credibility to the signature, and could be brought before judicial authority if breeched. Early notaries were the equivalent of modern day Town Clerks. They recorded contract, births, deaths, marriages and conveyances. This is still true in some Latin American countries where the title of "Notario Publico" represents a major public official. It is illegal in New York State for a Notary Public to represent themselves using that title as it gives the impression of an authority to certify and authenticate documents that does not really exist.
Contrary to popular opinion, it is sometimes permissible for a document to be notarized to be signed prior to meeting with the notary. It depends on the wording in the notary section. If the phrase "this instrument was acknowledged before me" appears in the notary section - the responsibility of the notary is to establish ID and, with face to face contact; ask the person if they did indeed sign the document - then it can properly be notarized. If the phrase reads "sworn to and subscribed before me" - then the operative word is subscribed; and the notary is required to actually witness the signature. In every case the notary is required to have face to face contact and check the affiant's ID. It is always illegal to do a notarization "over the phone", or via FAX.
The start of the notary section contains a Venue; typically (in my case) "State of New York, County of New York" - that is where the notarization has taken place. The Latin letters to the right of the venue are typically: SS: (scilicet) meaning "namely" or 'in particular' or L.S.- (Locus Sigilli) - for 'place of seal'. Both serve the same purpose. The "SS" does not require someone to enter their Social Security number at that location! Often the preprinted notarization has an incorrect venue (typically where the property is located) as in a mortgage. It is the notary's responsibility to correct the Venue to the actual State and County where the document is to be signed.
A worst case practice by a dismal few notaries is the practice of merely stamping and signing a document (that does not have proper notarization wording) and calling it notarized. This occurs all too frequently. The proper procedure is to use an Acknowledgement stamp (directly on the document) or adding a separate page called a "loose Acknowledgement". It is required for the notary, in addition to the Venue - to make a statement, e.g.: "sworn to and subscribed before me", and the notary should print your name and the date of the notarization; in addition to the notary's signature - exactly the same as on their rubber stamp. Embossing by the notary is always a good idea.
Be sure the Notary you select has proper equipment - ask if they have: An Acknowledgement stamp to add proper notary wording to an existing document; Multiple size Notary stamps for "tight spots" and larger size for readability; Multiple embossers - one for "bottom" use / the other for "side" use; A good supply of Notary forms, Acknowledgement, Jurat, Affidavit of Photocopy, etc.; A copy of the Notary Law, and Phone Numbers / Addresses of Local County Clerk offices; A cell phone - that is always answered - by the same notary in case of a question; National Notary Association Receipts - often honored for rebate of Notary Fees; "Gold" foil - for embossing seals on documents to foreign countries; Pens, stapler, adhesive tape, etc - a mobile office of supplies to solve problems. All of these items are not needed for every notarization, but the better equipped notary is likely to have more experience in solving real world situations; without compromising.
You also have to do your part. It is your responsibility to provide proper ID. The standard is "government issued photo ID". I have had people present to me, and I rejected: a social security card (no photo); a Gold's Gym membership with photo (not government issued), a birth certificate (no photo), etc. Married women often have their Drivers License in their maiden name - bring your marriage license showing change of name and there will be no problem. It is the duty of the notary to notarize the name exactly as on the ID presented. If your driver's license has Thomas Smith, don't sign Tommy Smith, or request the notary to notarize a "stage name". A good notary will be quite strict about this. The duty of the notary is to protect you from someone using your name on a document. The notarization date must be the date you actually meet with the notary; the document date can be any date - in the past. Backdating documents places the notary at grave risk; technically it's the crime of Forgery.
Notarization is serious business. The oath given to you by the notary has the exact same legal consequences as one given to you in a courtroom by the bailiff of the court (do you swear to tell the truth......). False statements made on a notarized document are a serious crime. Technically it is Perjury, not something to take lightly. The role of the Notary Public has a proud heritage. With the requirement for ever greater security measures in our changing world, more frequent contact with the Notary Public is likely in the years to come.
http://kenneth-a-edelstein.com
Selecting Notary Services by Web Site Claims/Content
The First in a Series of Articles covering the Notary Profession. This article addresses "Phantom" web sites - with no names, often just a cell number and "someone will get back to you..." Tips on cutting thru ad "hype" to find a competent Notary Public to trust with your documents.
I note with amusement the recent growth of "phantom" Notary Service web sites. No names, no home addresses, often just a cell phone number, and a machine / "dispatcher" that says "someone will get back to you". Who will you be dealing with?
You should ask questions prior to making an appointment for a notary to visit you. What is the name of the notary? How long have they been doing notary work, do they have Errors and Omissions (E&O) insurance. Keep in mind that a "site" saying wonderful things does not necessarily apply to the individual who will be sent to you. In addition the Notary site should question you about your ID (the common standard is government issued photo ID) , and exactly what documents you will need notarized. Some documents are illegal (in NYC) for a notary to notarize your signature. One example is a college transcript; the signature of the school's registrar (custodian of documents) is the one who must be notarized - not your signature.
Notarization is not a trivial affair. If your document requires notarization, and it is done improperly - the document could be challenged and ultimately be worthless. Will the notary come properly equipped with Jurat and Acknowledgement forms, and a stamp for adding the required notary wording to documents lacking such wording? Some notaries carry just a little stamp and handwrite the notary section! Worse still, is the totally invalid practice of notaries just stamping and signing without really doing a notarization. If the site you call does not ask about what you need done, in detail; chances are that the notary's "equipment kit" is sorely lacking even the basics.
When you meet the Notary the first thing, prior to asking for your ID; the Notary should show you their State's Drivers License (or similar photo ID and their Notary Commission card. Ask if the notary has an embosser for placing a raised seal on the document; useful for determining an original from a photocopy. A raised seal should always be used, especially if there is a possibility the document will go out of state.
The sites that boast of "Accreditations" are usually referring to (sometimes) paid memberships. Some sites actually just copy logos and paste them on their site for show. Real accreditations are earned, not bought. Be wary of accreditations in a "Company Name", people take tests, not organizations. There are genuine exceptions where a competency test is required; but most are just pay the fee - use the logo. Look at several notary sites, the one with the highest search page ranking is not necessarily the best one.
To protect yourself, ask questions about the facts stated on mobile notary web sites. Exactly how did they calculate their 40,000+ notarizations? Who are the 6+ staff members, what are their names? How much experience does each have? You might get the "runt" of the litter who just started! If they claim to have a motorcycle, ask the year, make and model. My point is that you should ask questions about "facts" stated - not just on Notary sites - but in any advertising. If someone will try to fool you to "get your business" they might also try to "give you the business" in other ways...."
http://kenneth-a-edelstein.com
I note with amusement the recent growth of "phantom" Notary Service web sites. No names, no home addresses, often just a cell phone number, and a machine / "dispatcher" that says "someone will get back to you". Who will you be dealing with?
You should ask questions prior to making an appointment for a notary to visit you. What is the name of the notary? How long have they been doing notary work, do they have Errors and Omissions (E&O) insurance. Keep in mind that a "site" saying wonderful things does not necessarily apply to the individual who will be sent to you. In addition the Notary site should question you about your ID (the common standard is government issued photo ID) , and exactly what documents you will need notarized. Some documents are illegal (in NYC) for a notary to notarize your signature. One example is a college transcript; the signature of the school's registrar (custodian of documents) is the one who must be notarized - not your signature.
Notarization is not a trivial affair. If your document requires notarization, and it is done improperly - the document could be challenged and ultimately be worthless. Will the notary come properly equipped with Jurat and Acknowledgement forms, and a stamp for adding the required notary wording to documents lacking such wording? Some notaries carry just a little stamp and handwrite the notary section! Worse still, is the totally invalid practice of notaries just stamping and signing without really doing a notarization. If the site you call does not ask about what you need done, in detail; chances are that the notary's "equipment kit" is sorely lacking even the basics.
When you meet the Notary the first thing, prior to asking for your ID; the Notary should show you their State's Drivers License (or similar photo ID and their Notary Commission card. Ask if the notary has an embosser for placing a raised seal on the document; useful for determining an original from a photocopy. A raised seal should always be used, especially if there is a possibility the document will go out of state.
The sites that boast of "Accreditations" are usually referring to (sometimes) paid memberships. Some sites actually just copy logos and paste them on their site for show. Real accreditations are earned, not bought. Be wary of accreditations in a "Company Name", people take tests, not organizations. There are genuine exceptions where a competency test is required; but most are just pay the fee - use the logo. Look at several notary sites, the one with the highest search page ranking is not necessarily the best one.
To protect yourself, ask questions about the facts stated on mobile notary web sites. Exactly how did they calculate their 40,000+ notarizations? Who are the 6+ staff members, what are their names? How much experience does each have? You might get the "runt" of the litter who just started! If they claim to have a motorcycle, ask the year, make and model. My point is that you should ask questions about "facts" stated - not just on Notary sites - but in any advertising. If someone will try to fool you to "get your business" they might also try to "give you the business" in other ways...."
http://kenneth-a-edelstein.com
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