Posted by Robert/FL on 5/5/10 10:27pm
Msg #335056

How NOT to notarize: in video form!

Came across this on youtube: http://www.youtube.com/watch?v=bkZINi5Jp4A

This is a pretty accurate video of every notarization I've ever seen (other than my own)... notice the notary takes no acknowledgment, administers no oath, and uses no journal. This video was filmed in N.Y. but could probably apply to most states.

And before anyone goes accusing me of trying to slander this notary, keep in mind that SHE posted the video HERSELF.

Reply by Robert/FL on 5/5/10 10:28pm
Msg #335058

and you'll see the first "Licensed" Notary in N.Y.! n/m

Reply by Robert/FL on 5/5/10 10:32pm
Msg #335059

My bad... notaries are kind of "licensed" in N.Y.

Division of Licensing - http://www.dos.state.ny.us/lcns/lawbooks/notary.html

Reply by Maureen_nh on 5/5/10 10:58pm
Msg #335062

OK -ID was checked and signatures compared.
Don't know NY requirements for journal for acks but as far as I am aware, there is no verbal requirement for acks if they are signed before you.
Personally I do ask for one most of the time. but that is my choice and not a requirement.

Reply by MikeC/NY on 5/5/10 11:16pm
Msg #335064

Oh, please...

We don't know whether the document required an oath, but nothing you see here is in violation of NY notary law (other than the $3 fee - it's supposed to be $2...). ID was taken, and the document was signed in the presence of the notary; we are not required to take a verbal acknowledgment in that case. NY does not require a journal, so why would she use one?. And yes, although we are commissioned, our commissions are under the control of the State Division of Licensing, so it is perfectly reasonable to call yourself a LICENSED Notary Public here.

Why don't you stick to commenting on what notaries are doing wrong in YOUR state rather than applying your state rules to those in other states when you haven't the first clue about what their rules are?

Reply by Robert/FL on 5/5/10 11:33pm
Msg #335065

Re: Oh, please...

Well, your Division of Licensing website (http://www.dos.state.ny.us/lcns/lawbooks/notary.html) defines an acknowledgment as:

"A ***formal declaration*** before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed

Further, your acknowledgment certificate requires you to certify that "they executed the [document] in their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument".

That is an awful lot for a person to acknowledge without saying anything. How could you possibly verify that the person knowingly assumed all of the obligations of the acknowledgment without asking them?

Reply by MikeC/NY on 5/6/10 12:03am
Msg #335069

Re: Oh, please...

Robert - worry about your own state laws and stop worrying about mine...

Reply by Robert/FL on 5/6/10 12:04am
Msg #335070

Good grief, Mike. You are argumentative lately n/m

Reply by MikeC/NY on 5/6/10 9:34am
Msg #335096

Re: Oh, please...

"A ***formal declaration*** before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed"

That's a DEFINITION, not an instruction as to how the acknowledgment has to be taken. The act of signing in front of the notary suffices. If the document was already signed, the notary would ask whether the person appearing before her had signed the document of her own free will.

"Further, your acknowledgment certificate requires you to certify that..." blah, blah, blah.

Read that section again - it's part of Real Property Law, and it specifically states that the format applies to the conveyance of real property. It is not required wording for an acknowledgment taken as part of general notary work. Other than for the conveyance of real property, NY laws don't currently define a uniform method of taking an acknowledgment.

The only thing the woman in the video did wrong under NY law was to charge $3 - the maximum we can charge is $2.

If you want to comment on how things should and shouldn't be done, find an example in your own state. We don't have to follow FL law up here, and we certainly don't need a FL notary telling us how to do our job.

Reply by MW/VA on 5/6/10 8:56am
Msg #335093

I'm with you on this one, Mike. I don't see anything here

that represents a problem. Not all states require a journal. I, myself, don't use one.
There are much bigger problems to be concerned with. This was obviously done as part of this person's advertising of services. Not a big deal that I see, unless someone decided to make an issue of the $1 overcharge (LOL).

Reply by MikeC/NY on 5/6/10 9:49am
Msg #335098

Re: I'm with you on this one, Mike. I don't see anything here

I wouldn't put it past a certain individual to make an issue of the $1 overcharge....

Most notaries here don't use a journal; I started using one when I started doing loan signings, only because I wanted a record of the documents in case a question came up later. I've been to a lot of real estate closings, and I don't recall ever seeing a notary journal the documents.

There was a proposed law a couple of years ago that would have made use of a journal a requirement, and would have also set standards for acceptable ID, but it died in committee. We're on our own as far as that stuff is concerned.

Reply by Jack/AL on 5/6/10 1:56am
Msg #335076

Children, play nicely, or get out of the sandbox............

Reply by Barb25 on 5/6/10 7:44am
Msg #335081

Well, aside from the fact that (if I heard correctly) she charge $3.00, there isn't enough info to comment about anything. (Maybe she had an hour conversation about the document on the telephone before signed arrived.)
She could have found a better word to use than "licensed" but it is (according to synonym.com) a synonym of commissioned. Obvious is that she checked license against signature on signed document. We all need to get more work to keep us busy. lol

Actually the $3.00 (if I heard correctly) thing could be the real issue.

Reply by MrEd_Ca on 5/6/10 10:43am
Msg #335105

Re:oh please?...

...maybe the extra dollar was for the calendar she gave the client.

After watching the above video, & reading all of the comments, I found this video on youtube on how to sign a POA. I certainly hope this guy in the video is not for real:
http://www.youtube.com/watch?v=cHHJ7e9XK3Q . But, on the upside, he certainly has a novel method of mobile advertising.

Reply by Robert/FL on 5/6/10 10:56am
Msg #335108

That video absolutely ENRAGES me

and the guy has deleted the comments I left on that video... I swear I want to report him to the California SOS.

He completely degrades the notary profession, and constantly says things like "do a notary" or "I have a notary to go to". I can not even put into words how offensive I find that video

Reply by Lee/AR on 5/6/10 11:06am
Msg #335110

He's real alright...and they are trying to market

this bozo as a 'reality TV' show. Isn't that a kick in the head~~
When I first watched this rolling disaster, I got to poking around on the site and saw something about 'marketing to cable as a reality show' (I don't think it was him doing the marketing, but this was a week or so ago, so ????). Now I can't find that again... but I did see it! Yikes!!! Just google Rob the Notary and several videos will pop up. I can't bear to watch another, tho'.

Reply by MW/VA on 5/6/10 2:28pm
Msg #335238

Re: That video absolutely ENRAGES me

Just keep at it, Robert. They are sure to get you for UPL one of these days. IMO, you are constantly interpretting & trying to enforce the notary laws. I have seen you pass this off as "self-study". If you are doing this for your own education or amusement, whatever, but try to stay out of other states & other people's business.

Reply by Robert/FL on 5/6/10 2:47pm
Msg #335248

Re: That video absolutely ENRAGES me

MW... out of all the notary educators in Florida, how many of them do you think are attorneys? I don't know that any are except maybe two or three. Just because you know your notary laws and educate others does not mean you are engaging in UPL. Interpreting the law is not UPL. Selling legal advice is UPL.

Reply by Sylvia_FL on 5/6/10 3:15pm
Msg #335252

Re: That video absolutely ENRAGES me

"Interpreting the law is not UPL"

Not if you are an attorney, or just interpreting it for yourself. But to interpret it for others is UPL.

Reply by Sylvia_FL on 5/6/10 11:12am
Msg #335112

Re: Re:oh please?...

I believe this is for a "reality" TV series done by Scanman Productions. probably on how not to notarize.

Reply by Marian_in_CA on 5/6/10 11:28am
Msg #335117

Oh, it's real....

I've actually got one of his business cards and our paths have crosses a few times.

Let's just say.... I don't refer anyone to him.

Reply by Robert/FL on 5/6/10 11:30am
Msg #335118

He makes a total mockery of our position

and I find it absolutely insulting. This is just further proof how public perception is such a major problem in this field. The public says, "Oh big deal, you're a notary.... it's not like it's all that hard, all you have to do is check ID and know how to use a rubber stamp."

Reply by Barb25 on 5/6/10 11:57am
Msg #335133

Re: Re:oh please?...

"...maybe the extra dollar was for the calendar she gave the client."


LOL, MrEd... May be.