Posted by Joan-OH on 6/1/05 9:32am
Msg #41413

We are Notary PUBLICS...

This scenario drives me NUTS!

A few times a month I will get a call from someone in the downtown Cleveland area to do a general notarization. I tell them, I would be happy to help them out, but since I am an hour away, I would have to charge them $2 plus a travel fee and it is quite a distance. I always try to find them someone local or advise they go to their bank, Kinko's or UPS store - that it will save them the travel fee.

In Ohio, we cannot refuse a legal notarization although we can refuse if we are uncomfortable with the situation or document. I am sick and tired of these "signing" agents deciding they are only going to notarize loan docs, apparently because general notarizations are not worth their time - money wise.

I just got off the phone with a gentleman at the end of his rope who needed a single notarization. I directed him to a tax preparer's office listed on one of the directories a few miles from him and he told me this office said they don't do general notarizations. Even his bank refused him because "the stamp wasn't available" (???). I am an hour out, so imagine how many times he was refused before he got to me.

If you are one of these notaries who, by your own state's laws, cannot refuse a legal notarization and you do when a signer is willing to appear before you - SHAME ON YOU! - What part of PUBLIC don't you understand!

Ok - Got that off my chest!

Joan-OH

Reply by Charm_AL on 6/1/05 9:37am
Msg #41414

good point Joan, I am starting to get calls for general notarizations, I charge a trip fee and the usual per signature fee. Those particular notarizations are what we are foremost commissioned for yes?

Reply by CarolynCO on 6/1/05 9:45am
Msg #41417

Most of my general notarizations find me on 123. In the initial call, I advise that if I go to them, I will charge a trip fee plus the notarization fee. Probably 90% make the decision to come to me, which is OK, too -- unless they don't have the *exact* fee (which I tell them beforehand), and expect me to break their $100 bill.

Reply by CarolynCO on 6/1/05 9:55am
Msg #41423

Re: P.S.

I had a car dealership call me not too long ago. A gentleman they had sold a car to a few months before walked into the same dealership at 5:00 at night and needed divorce papers notarized. It was about 5 miles away. The dealer told me there was one notarization. He was talking to the man while I was still on the phone and took it upon himself to tell him that I needed cash and an additional $15 travel (I hadn't even mentioned travel yet). When I arrived, dealer told me that he just went to the ATM to get cash. I waited for 15 minutes and the man never returned. The dealer gave me a voucher for a tank of gas.

Reply by ColleenCA on 6/1/05 9:44am
Msg #41415

In CA we can DECLINE a notarization, but not refuse one (except for those circumstances that we should all know about). Unfortunately, most people do not want to pay travel fees plus the signature fee when they can go to a local mail outlet and just pay the signature fee unless they are unable to travel, etc. Can't this particular gentleman find a local Kinkos? That is the best way to handle this situation.

Reply by PA Notary II on 6/1/05 9:45am
Msg #41418

Re: We are Notary PUBLICS.../ Hope to beat Hugh to this one

The correct grammar would be Notaries Public.

Reply by TaraPA on 6/1/05 9:59am
Msg #41427

Re: We are Notary PUBLICS.../ Hope to beat Hugh to this one

When can you refuse a job, as a mobile notary?

Reply by sue on 6/1/05 10:16am
Msg #41433

Re: We are Notary PUBLICS.../ Hope to beat Hugh to this one

in PA we can refuse any job for any or for no reason - not just as a mobile notary but as a 'regular' notary. I personally don't allow signers to come to my home and as I am mobile very few will pay the fee. Other than an odd business call or so most 'mobile' calls in PA tend to have problems as we have so many full agents readily available w/great hours.

Reply by Nd_WA on 6/1/05 9:58am
Msg #41425

The misconception...

is people think a mobile notary is one who will come to them and charge only the notarization fee. I heard banks and other businesses do not offer notary service to the general public except for their business needs only. I did a signing yesterday and the borrowers told me they recently drove to three different places to get a single document notarized.

Reply by PAW_Fl on 6/1/05 9:59am
Msg #41426

Re: We are NotarIES PUBLIC...

And I agree with what you're saying. It just empahsizes the fact that people getting into this arena don't know what it's all about and what the responsibilities are as a NOTARY PUBLIC and a Signing Agent.

Reply by Kim_NJ on 6/1/05 10:10am
Msg #41432

I agree with you regarding the accountant, especially if he has an office set up for business. However, many of us do not have an office, and therefore have no place to offer a client a place to come for a notarization. We receive several requests for general notarizations which we would be happy to do, but the clients are unwilling to pay the travel fee. I am not comfortable inviting Joe Public into my home - not only for my personal safety but for liablity reasons as well. Therefore, if they are unwilling to meet my fee, I refuse to travel - not refuse to notarize.

As for the bank - perhaps the notary forgot his/her stamp...that happens. He could have gone to another bank - I am sure there is more than one bank in Cleveland.

Reply by Sylvia_FL on 6/1/05 10:46am
Msg #41448

Re: We are Notaries Public

I got a call a few weeks ago from a gentleman who wanted me to go out and get a deed signed and notarized. I said I could do it and he asked me my fee. I told him it would be $10 for the notarization, plus a travel fee of 50 cents a mile with a minimum of $35. The address I had to go to would have made the travel fee around $50, so it would have been around $60 for me to do it, but I told him until I checked the mileage I couldn't give him an exact fee.
He said would $100 cover it, and I told him that would be more than enough.
He e-mailed me the information.
The signer was an elderly lady who couldn't get out to the bank to get the deed notarized which is why the guy called me.
But, before I could contact the lady (I had called and left messages for her to call me so I could set up a time), the guy called me back. Apparently the lady's daughter had shown up and driven her over to the bank where she had the deed notarized. But he wanted to thank me for being willing to go out and do it,and I was the most reasonable notary he had contacted. Others in the area had quoted him from $100 to $150.
Seems that they were charging him what they would charge for a loan signing. We cannot do that!

If someone calls me for general notary work, I tell them it is $10 per notarization and a travel fee of 50 cents a mile with a minimum of $35.
I get quite a lot of those calls and if I can fit them in with my scheduled signings then I will do them.

As you say, we are Notaries PUBLIC, first and foremost.

The local Pak N Ship store sends me a lot of general notary work too, as they don't have a Notary Public there and they get a lot of walk in customers needing a notary.

I won't turn away general notary work, unless I genuinely can't do it.

Reply by Joan-OH on 6/1/05 10:53am
Msg #41451

FOLLOW-UP and to clarify.

I knew someone would pick up on my typo :-)

My county handbook specifically states that you cannot refuse a legal notarization even if you are at work (bank employee) unless the request is extreme (full loan set with 10 notarizations) or incovenient to your job (in a meeting, etc).

I travel to Cleveland, but prefer not to for general notarizations. That is why I always try to find other options that will be cheaper for these people whether it be a UPS store, Kinkos, or another notary. I tell them up front that I can charge $1.50 - $2.00 per seal but would have to charge a travel charge which could get up there considering the distance. I, like others, will not allow customers to come to my home due to liability issues - so there is always a travel fee. I finish my conversation with "If none of these options pan out, call me back. I just hate to see you pay for my travel when you can get it done much cheaper near you".

It just really steams me that this guy lives downtown Cleveland and can't get a general notarization done, yet there are 100's of signing agents within 10 miles of him.

Joan-OH

Reply by Ernest_CT on 6/1/05 12:31pm
Msg #41490

(sigh) Why can't NSAs understand they are notaries first?

Laws vary by state, of course, but I'd be willing to bet that nearly every state's law says that we can't arbitrarily pick and choose which notarizations to do. Yes, there are some conditions under which we can refuse, but "I can't charge enough LEGALLY to make it worth my time." is not among them.

Many people on this Forum have stated repeatedly that they will travel to a hospital (or convelescent hospital, etc.) and notarize a simple document at no charge for someone who is truly in need. Why, then, won't ALL notaries public do the job for which they were commissioned?r

Reply by PAW_Fl on 6/1/05 2:15pm
Msg #41544

Re: (sigh) Why can't NSAs understand they are notaries first

In reality, a Florida notary can easily pick and choose which notarizations they want to perform. The list of "reasons" is as long as your arm. The following is taken directly from the Governor's Reference Manual:

Q - May I ever refuse to provide notary services?

A - Yes, under certain conditions. Eventually, most notaries are faced with the issue of whether they may refuse to provide notary services when requested. Florida law actually requires notaries to refuse in some situations. In other situations, notaries either should or may refuse to notarize. Most of the situations in which notaries must refuse are set forth in sections 117.05 and 117.107, Florida Statutes, and relate primarily to taking acknowledgments and administering oaths. Other prohibitions, not discussed here, may apply to less common types of notarial acts, such as attesting to photocopies and performing marriage ceremonies. The most common situations with statutory prohibitions occur when:

- the signer is not present;
- the document is incomplete or blank;
- the notary is the signer;
- the signer is the notary’s spouse, parent, or child;
- the signer has been adjudicated mentally incapacitated and has not been restored to capacity as a matter of record;
- the notary does not personally know the signer and the signer cannot produce acceptable identification;
- the notary is a party to the underlying transaction or has a financial interest in it; or
- the signer does not speak English and there is no one available to translate the document into a language the signer understands

There are other precautionary reasons for which a notary should refuse to notarize even though a specific prohibition may not appear in Chapter 117. These situations occur when:

- the document does not have a prepared notary certificate, and the signer cannot tell the notary what notarial act is required;
- the notary believes that the signer is being coerced or does not understand the consequences of signing the document;
- the signer appears to be drunk, sedated, or disoriented; or
- the notary knows or suspects that the transaction is illegal, false, or deceptive.

In addition to the situations described above, a notary may refuse to perform a notarization in a variety of circumstances, such as when:

- the signer cannot pay the notary’s fee for services;
- it is before or after the notary’s regular office hours;
- it is a holiday;
- the notary is busy with other work or activities;
- the notary would be inconvenienced;
- the notary is sick;
- the notary is not comfortable with the request;
- the signer is a minor;
- the document is written in a foreign language that the notary does not understand; or
- the notary is requested to travel to another location.

Reply by Sylvia_FL on 6/1/05 2:59pm
Msg #41554

Re: (sigh) Why can't NSAs understand they are notaries first?

Probably because they became a notary just to be able to make those big bucks promised by the NNA to do loan signings. They often (and this is not ALL signing agents) have no concept of a notary public's duties. They just think it is something they needed to be in order to do loan signings.

Reply by DonnaV_CA on 6/1/05 3:49pm
Msg #41572

Re: (sigh) Why can't NSAs understand they are notaries first?

I'm a notary first and I love love love to do general notarizations when I can (and it's not always only one notarization). It's a great supplement to the part-time signing agents income (and cash on the spot), and for newbies it's a good way to get experience doing short and sweet notarizations. I am reasonable with the travel fee but will not travel for free. I have also gotten repeat business from the single notarization including some loan docs. If I can't do it, or if they do not want to pay a travel fee, I always refer them to someplace (if they want to go there) or someone (if everyplace is closed and it's urgent) and my local UPS store's notary has benefited..(she told me). I'm not going to spend an hour driving back and forth across town for $10.00 - and most people understand that. I have subtracted those single notarizations from my monthly income to see what it would be like, and it really does make a significant difference to me.

Reply by sue on 6/1/05 4:59pm
Msg #41616

Re: (sigh) Why can't NSAs understand they are notaries first?

Pennsylvania - " a Notary is not compelled to serve a customer and may refuse to do so without explanation"

Reply by Julie-MI on 6/1/05 9:34pm
Msg #41683

Re: (sigh) Why can't NSAs understand they are notaries first?

I guess I'm in big trouble, I do adoptions and vetern requests for free--I'm not going to charge a vet, I just can't do it!

We were not allowed a travel fee until 1 year ago, and just because I'm a notary does not mean I'm a slave to the public. I can say no in my state, but I do refer a lot to the UPS Store. It's just not profitable to do general notary work.

I must say, even with my yellow page ad, I've only received about 8 general notary requests so it's not like I have "mobile notary" tatooed on my forehead! These requests were way too far to be profitable but I did refer them to someone in their area.