Category: Notary News and Advice

The Mobile Notary and the COVID Pandemic, seems like the nightmare that is never going it end.

Can you believe we’ve been at this for two months already?

And while we hope that the end of the tunnel is in sight, the fact is we are still a small fish in a large ocean, and hurricane season has already started (it really has).

Notary Provides Consumer Friendly Services

How to provide a safe service, one that the consumer feels safe, is still proving both difficult and rapidly changing.

We can look to our own industry, while looking at other industries to see what may work.

Bringing some plexiglass with you to signings probably isn’t the best way to go. Curbside service would be great, but impracticable as well. But, looking at industries are there any things that may work for notaries?

Potential Notary Safety Measures

Can we learn something from other industries?

1. Wearing a mask and gloves has pretty much been the law of the land, at least the mask. It is one of the easiest way to significantly assure consumer safety.
2. We know it is not possible for every signing, but if you could have one outdoors, it is another thing that will most likely make the signer more at ease. Air circulates more easily outside. And curbside pickups and outdoor dining (where it has been allowed) both have been seen to boost consumer confidence.
3. Sit as far away as possible. Social distancing is causing a lot of commotion, so do whatever you can to do so. Even if that means moving some to alleviate any concerns, as long as you do not think it will allow any errors or falsehoods in the notarization process.
4. We know that online notaries are becoming a thing. Industry, which is using the pandemic to push forward online closings, may become a more significant part of our future. So, setting up an area in the office that is good for operations might not be a bad idea. Just don’t let the camera aim where people might see your family. (the recent viral video is hilarious)
5. Fake it Until You Make It – Look and sound like someone who is confident in the measures you have taken. That confidence wears off on everyone in the room. If you look and act like the situation is in control, so will others.
6. If you take a signing, do it. Unless the situation is bad, you need to do what you have to do. Once you accept a job, you need to do the job. Unless the situation at the job is bad. We heard a recent story where a closing had to be done four times. The first three notaries left, while the fourth notary closed the deal. Do you think the company will hire the first three notaries again? Unless there is a real good reason, probably with photos, they aren’t calling you again.

What Not to Do

There are also some things you should not do.

Coronavirus Motorcycle Helmet

It’s halloween in April! No one around you will ever miss it.

But, while highly successful at social distancing, we are not sure the coronavirus helmet would go over too well with clients.

The Social Distancing Hula Hoop

We’re sure we aren’t the only ones who have seen a variation of the social distancing hula hoop.

If it is bad etiquette to wear something in public, it is probably a bad idea to use in your daily routine. We’d pay money if someone could actually hula hoop with one while walking down the street.

Norton Virus Protection

We wish the guy wearing a Norton Anti Virus was the only thing wrong here, as it is hilarious.

But, we wouldn’t advise going places with upside down bags on your head or a giant pet food container. Although we do appreciate the effort.

Back to Reality for Notaries

As the days of the pandemic move on, as more businesses start to open up, and as more business is done, the demand for notaries will rise with it.

While some people are more lax, others are going to be very wary long into the future. So planning a way forward for our businesses is only prudent.

We’ve hopefully given you a couple of decent ideas, and definitely showed you some of the wrong ways to do things.

But, we will close as we always do. Business is opening up in places around the country, which will mean more activity, so be safe and be successful.

This is part five of our series on Notaries and the Coronavirus. Here are some links to other articles.

• Part 1 – Coronavirus and the Mobile Notary, Static Notaries Too
• Part 2 – Are Notaries Essential Business?
• Part 3 – Notaries and New York 202.7
• Part 4 – Oklahoma, COVID, the Election and Notaries
• Part 5 – The Pandemic and the Notary Swimming in the Storm

• Facebook Page
• LinkedIn Page
• Sunshine's Twitter, or X Page

Spurred in some part by COVID, the Oklahoma Supreme Court ruled that absentee ballots no longer have to be notarized.

It was spurred by the League of Women Voters, as well as medical advocacy groups and at risk people. Essentially, they argued that the notary requirement should be removed, as some voters will be unwilling to go to the polls due to the pandemic, as well as marginalized communities, who do not have easy access to notary services.

Under Penalty of Perjury

The response from the courts was to remove the notary requirement and allow individuals to sign their absentee ballots under penalty of perjury.

“Respondent is barred from issuing ballot forms, instructions, and material suggesting notarization and/or a notarized affidavit form is the only means through which the requisite affidavit for absentee voting may be accomplished,” the order said.

Tulsa World

Proponents say that it is removing an obstacle for voting, especially among seniors and medically compromised voters.

The vote from the court was 6-3.

The Argument Against the Lawsuit

Three judges dissented from the decision. They wrote two separate dissents.

Oklahoma passed a voting law in 2002. Under that law, they gave absentee ballots an exception to the rest of the law.

The court thought otherwise.

The argument against focused on proper channels for governing. That the court does not make the laws, the legislature does.

Justice M. John Kane IV dissented, writing “the issues stand presented to the wrong branch of government.” He was joined by Justice James Winchester. Justice Dustin Rowe wrote a separate dissent.

Courthouse News Service

The dissenting opinions said it would open the voting to more fraud, as in person voters are required to present a valid ID.

“Considering the history of voter fraud, the specifics of our absentee voter process and recent legislative history, I agree with the respondent that it would be absurd to now open the gates and provide for no verification for absentee ballots but still require in-person voters to provide a valid I.D.”

Non Doc

The Oklahoma Attorney General is now reviewing the ruling.

Outlook for Oklahoma Notaries, and other Notaries as Well

The game changes, but the wheel moves on.

The Oklahoma Primary is scheduled for June 30th. August 25th is the runoff primary, while the general election is on November 3rd.

For business, it will eliminate these signings. Since many absentee voters vote from outside their jurisdiction or in other countries, like our military, we’re not sure it creates a significant impact on the industry.

We would advise you to stay up to date on future actions. Or, better yet, just wait until we write about it.

We hope you all can stay busy and stay safe.

This is part four of our series on the coronavirus and the wider effects it has on our industry. It is amazing how quickly things have changed.

• Part 1 – Coronavirus and the Mobile Notary, Static Notaries Too
• Part 2 – Are Notaries Essential Business?
• Part 3 – Notaries and New York 202.7
• Part 4 – Oklahoma, COVID, the Election and Notaries
• Part 5 – The Pandemic and the Notary Swimming in the Storm

• Facebook Page
• LinkedIn Page
• Sunshine's Twitter, or X Page

What does New York Executive Order 202.7 mean for notaries?

As part of the pandemic response, New York Governor Andrew Cuomo issued an executive order concerning online notarizations. The order opens the door for closings performed in New York to be done remotely, at least temporarily.

The change in notary procedures allows commerce to continue without contributing to the spread of the virus. For example, deeds are legal documents that transfer real estate from seller to buyer and must be notarized. The audio-video notarization allows real estate closings to continue without violating social distance rules.

Times Herald-Record

How are Notaries Affected?

The truth is, we don’t know. There are a lot of deals being made right now to keep the banks doing business. And New York State Executive Order 202.7 would be a part of that.

Here is what we do know.

The governor’s order removes a lot of rules that governed how a signing occurs. This is happening all across New York state. This is a break on national rules on a significant number of loans. The repercussions of this are yet to be seen.

Right now it allows New York notaries to act as an online notary to perform closings. The notary involved, as well as the location of the signing, must both be in New York. The property itself does not need to be in New York, but the closing and online notary must both be in New York.

What the long term effects are remains to be seen. We all know online notarizations are on the horizon, but we don’t know if this will speed things up, or if people will game the system and make people put the breaks on. If we had to bet, it would probably be on the former.

How About Rules?

There are a lot of caveats to this law, as well as social interactions that would affect how a loan closing is performed.

Social distancing. A new phrase to most of us until a month or two ago, but a phrase that dominates our lives now. The new rules are designed to allow closings while keeping social distancing.

It is affecting title, mortgages and closings, not just in New York, but across the country. Some buyers refuse to leave their house and that causes mobile signings to go awry. Some buyers are asking the notary to slide the docs under the door.

But, I’m sure we all know that is a no-no.

The rules seem endless, but we suppose that is what you do when you don’t have any.

Notaries Under the New Online System

The world is changing. It is transitioning more quickly than any of us could imagine (minus a few doomsday preppers, who are looking like geniuses now). What comes from it is going to alter a lot of things.

We imagine that the federal regulations on certain rules will return soon. But, it will only accelerate the move to online signings. Proponents of online signings will use this as a casus belli.

There will still be a significant amount of signings that will need to be done in person.

Why Not Online or Mobile?

Exactly, why not?

Even with the day online notaries are on the horizon, that does not mean that every signing will be online. There will be a lot of signings that will still have to be done in person, whether it be for an institution or an individual.

So just like we are looking at the possible realities of the future, so should you.

This is part three of our series on the coronavirus and the wider effects it has on our industry. It is amazing how quickly things have changed.

• Part 1 – Coronavirus and the Mobile Notary, Static Notaries Too
• Part 2 – Are Notaries Essential Business?
• Part 3 – Notaries and New York 202.7
• Part 4 – Oklahoma, COVID, the Election and Notaries
• Part 5 – The Pandemic and the Notary Swimming in the Storm

• Facebook Page
• LinkedIn Page
• Sunshine's Twitter, or X Page

It has only taken a couple of weeks and the landscape of our daily lives has changed, possibly forever.

Most of the nation is now under stay at home, or safer at home orders. With people only allowed to travel for things like groceries, or essential business.

This will change the notary landscape forever. But, at the moment, we should focus on our immediate business and the safety of ourselves, our families, our friends, our clients and everyone else.

Which Notaries are Deemed Essential?

Some notary functions have been declared an essential business via a memorandum for the financial services sector. Or in simpler terms, mortgages and other types of loans.

United States Secretary of the Treasury, Steven T. Munchin levied the mandate. It goes into great detail as to all of the sectors of financial services are essential.

If you do not have a copy of the memorandum, we advise you download it and carry it with you if you have a signing. Some localities are requiring it be on person, while others are more lax. It’s probably easier to just print and carry it, as keeping up with every local development isn’t easy.

Right now, local restrictions override any federal orders, so make sure you know your local travel orders or any other instructions mandated by your local leaders, at least as best as you can in this rapidly changing world.

Real Estate and Titles Keep Moving On

Real estate has not stopped. A few of the rules have changed, but the engine remains the same, even if it slows down.

The market has quickly changed along with everything else. What was hoped to be a banner home selling season has stood back. But, lower interest rates are now driving incredible interest in refinancing.

Craig Haskins, chief operating officer with Knight Barry Title, said a common misconception he is seeing is people think “a lot of our real estate business has just stopped.” “We’ve been deemed an essential service across the country. Even if your county courthouse is closed, there’s a good chance your transaction can get finalized,” Haskins said. “Also, as an industry, we’ve shown our ability to innovate quickly through all of this, and I hope it continues when some normalcy returns.”  

Housing Wire

What About Other Notary Functions?

The first thing that comes to mind are weddings.

And the rules are all over the place.

In some locales weddings are banned, in some you can have them, but no marriage license will be until a later date. And in some places the rules are different than that.

That is why it is important to know your local rules and what you can and cannot do.

What About Safety?

This crisis has started a rush towards remote online notarizations. Some states that have not approved them have given the option of performing a signing remotely.

When traveling to a signing, please follow the recommendations from the CDC. They have a lot of additional information on the site, like how to clean various items and what to do if you think you may be sick.

At the signing follow the above recommendations. But, remember, your safety is paramount.

This is part two of our series on the coronavirus and the wider effects it has on our industry. It is amazing how quickly things have changed.

• Part 1 – Coronavirus and the Mobile Notary, Static Notaries Too
• Part 2 – Are Notaries Essential Business?
• Part 3 – Notaries and New York 202.7
• Part 4 – Oklahoma, COVID, the Election and Notaries
• Part 5 – The Pandemic and the Notary Swimming in the Storm

• Facebook Page
• LinkedIn Page
• Sunshine's Twitter, or X Page

Even if you have had you have had your head in the sand for a while, we are sure you have heard about the Coronavirus.

But, is the CoronaVirus something that the notary needs to obsess over?

The answer to that, if you take proper precautions, is that you can reduce the chances considerably.

Notaries Aren’t Large Corporations

As we watch large corporation after large corporation suspend events and some workplaces, it has led to people being very concerned.

But, the average notary is not a large corporation. While the corporation can withstand a few months of this, the plain fact is that the vast majority of notaries cannot.

And, if at all possible, we need to protect our businesses.

Common Sense Steps for a Notary in the CoronaVirus Outbreak

The first thing everyone should know, is to wash you hands more often that usual. Do not use antibacterial soap, just regular soap. Wash your hands and bottom of forearms in warm water for thirty seconds. That is the most effective way to kill germs.

What about Purell?

Only use Purell if you have to. If you don’t have access to properly wash your hands, then use it, but still wash your hands as soon as possible.

---

Editors Note: We are not throwing shade on Purell. It is much better than nothing, just not effective as washing your hands in warm water for 30 seconds.

And you need to be aware than antibacterial soaps or sanitizers kill a lot of the healthy bacteria on your skin. And that healthy bacteria helps you fight off a lot of different infections, though we cannot directly state that for the CoronaVirus.

We’ll let the scientists continue to figure it out. They are doing testing on different concentrations of sanitizer now, to find the most effective. It has to do with alcohol and chemical reaction with the skin, and what the best mixture is for this virus.

---

Invest in some latex or nitrile gloves. They are sold out in many places, but there are other places you might not expect to find them.

For example, Harbor Freight sells the gloves, and their shelves are still stocked. Same thing with auto parts stores like AutoZone.

It is also recommended at this time that you avoid large gatherings. That is why we are seeing sports leagues and concerts shutting down.

How About the Signing?

We know this is beating a dead horse, we say it all the time.

But, notaries instill trust in signings.

When you attend a signing, put on gloves when you get out of your vehicle. Use your own pen, and do not let anyone else use your pen. If you have to bring a couple of extra pens to be safe, do so.

Just realize once you give someone a pen, you do not want it back. Make your signers realize you take this seriously, and that will in effect, make them feel safer and instill trust.

When returning to the vehicle, take off the gloves before you open the car door. You do not want to get any virus in your vehicle. Keep a large Ziploc that you can put them in and seal it. Then throw it out at your earliest convenience.

Clean the handles of both your car doors and home doors every couple of days.

And this is not notary specific, but if you have children, bath time is right when they get home. Not after they’ve run around the house for hours.

What about masks?

It is still not recommended you need them, which is good because they have pretty much sold out. But, if you feel you need them, this is a good time to use your business tax ID and order them directly from a medical supply company.

What About the Cost of All This

Sometimes the cost of doing business is better than not doing business at all.

But, under current recommendations, the cost of gloves and pens is probably not going to put you out of business.

Also remember, any supplies you buy for your business to deal with the CoronaVirus is a business expense, not a personal one. You may want to speak to a tax professional on this.

Other CoronaVirus Tips

The most common ways to get infected moving forward may not be on your radar.

The biggest one is any shopping cart. So wash the handles before you grab it, and if you have a child in the seat, bath time when you get home.

Do not use re-usable bags at stores, unless you are going to thoroughly clean them every time you shop.

Get the single use bags and throw them out once the groceries or other shopping goodies are removed. Remember, these bags touch your shopping cart.

In public restrooms, do not use the air blower to dry your hands. They have been shown to spread germs. Partly because people don’t wash their hands well, and also because they have filters that almost never get changed.

Some models, like the newer ones you put your hand in, instead of under, are worse. They cause water droplets and germs to fly back up into your face. The same germs from the people who did not wash their hands properly and used the dryer anyway.

This means carry some paper towels with you, or Purell as a backup.

There have been a lot of people saying to elbow bump, instead of shaking hands or fist bumping. Do not do this. Many people are trained to cough into their elbow, so we don’t think you want to expose yourself to that.

How about instead we just smile at everyone and say hello.

Keep all of your handles in your house clean. Doors, cabinets, etc. Same for your vehicle, even if you are already taking precautions with gloves.

And don’t forget about things like gas pumps or other devices you may use that a lot of people touch, like the credit card machines at checkout. Really, when was the last time you think your gas station cleaned the handles?

Does this mean you will be 100% safe? No. And we do not want notaries thinking that. We all need to stay on the ball, and protect ourselves and our families.

CoronaVirus and Notaries Summed Up

Is the CoronaVirus something we should all have on our radar? Yes.

We should take every precaution to keep ourselves and our families safe.

And our signers, too.

So, if you take away one thing from this article:

• Be Alert
• Be Educated
• Take Precautions
• Be Safe

This is part one of our series on the coronavirus and the wider effects it has on our industry. It is amazing how quickly things have changed.

• Part 1 – Coronavirus and the Mobile Notary, Static Notaries Too
• Part 2 – Are Notaries Essential Business?
• Part 3 – Notaries and New York 202.7
• Part 4 – Oklahoma, COVID, the Election and Notaries
• Part 5 – The Pandemic and the Notary Swimming in the Storm

• Facebook Page
• LinkedIn Page
• Sunshine's Twitter, or X Page

While the rest of us have worked hard to become a notary, it would seem unfair if some notaries were gifted their commissions.

We’re pretty sure that is something just about all of us can agree on that.

So the question is why in the world is this happening?

It’s Not What You Know

Issues have been raised lately about notaries that have been gifted their notary commissions, skipping the process(es) that we have to use to get one.

These people get to pass go and collect their $200, while everyone else is stuck on Baltic Avenue.

It is unthinkable to us. As a company that relies on professional notaries, it is quite disturbing to us, both as notaries, and as a notary service.

So, why, in this day and age, would unqualified people get a notary license, making a mockery of our industry in the process.

We’ll give you one guess.

It’s Who You Know

It appears politicians are abusing their power to give notary commissions to family, friends and donors.

Imagine our shock!!!

There is a pretty significant news story surrounding this issue at the moment, but we have decided to give it the cold shoulder. The biggest thing we’ve learned since the Philly Fiasco, is that if an issue arises in one area, it is probably more widespread than we think.

It’s not like politicians don’t talk to each other or anything like that, smh. (shaking my head, for those not caught up with internet vernacular).

Every single gifted notary should have their licenses stripped immediately, and should never be allowed to become a notary again in the future.

But, the real question here is is why? Why would one of the most powerful office holders in the nation allegedly do something like this?

Is this something just to flaunt their power? Or is a part of a bag of dirty tricks they plan to unleash in the future?

Knowledge is Power

Unlike the alleged abuses of power, a professional notary has the training and expertise that is only learned over time. We would add experience to this, but we all have to start somewhere. None the less, as experience is racked up, it only creates a better notary.

Professional notaries are all about fairness, transparency and legitimacy. A gifted notary has none of these, and they have no place with the rest of us.

We are professionals, they are not, saying it nicely.

While the average signer is most likely not going to know anything about this, it is still important for us to know. Because this is not a gift for us, it is our business and livelihood.

And that is why this is an important reminder (which most of you don’t need), to use your knowledge to give your signers the most professional experience possible.

• Facebook Page
• LinkedIn Page
• Sunshine's Twitter, or X Page

What started in Philly has opened a can of worms across the nation, and unfortunately, the fraudulent deed crisis is not going away anytime soon.

While local and state governments across the nation are creating and passing new notary rules and regulations, massive holes in their current rules are being exploited.

We Wish This Was a Dead Horse, But it Isn’t

It is almost a joke this point that we are still covering this, as allegations and investigations spill over from state to state, the latest in North Carolina.

And while we wish we could minimize it, especially seeing it is a mainly a governmental issue, we cannot for one single reason.

Trust.

Every time this occurs, it is the association. Every time someone gets a mortgage and the accompanying title they must be wary.

It is the news with a fellow notary making a defense for themselves, even though it has been shown in almost every case to have nothing to do with the notary.

Professional notaries instill both legitimacy and trust.

Here is to thinking there is no such thing as bad publicity.

Notaries are the Front Line

News also hit that a California notary halted the sale of a home after discovering the seller had multiple names.

We do admit, this could be a legitimate sale, but it was not one backed by documents at the signing. If it is a legitimate sale, then the sellers will have to go through the proper channels to sell the home. Which is what they are supposed to do.

The important takeaway here is that a professional notary can step in before the issue, whereas government has only shown it can step in after the damage is done.

So What’s Up with North Carolina?

A new scandal is brewing, actually two, now in North Carolina. One involving state licensing, and the second the all too typical “deed” done in Charlotte.

WCNC in Charlotte has been leading the investigation into the issue.

WCNC Charlotte found dozens of licensed notaries, who are in charge of signing important documents, were stripped of their commissions because of forgery, fraud, or previous criminal records. Those findings are leading State Senator Natasha Marcus to launch her own investigation.

WCNC Charlotte

Basically, they are saying that the issuing and renewal was too lax, which opened doors to abuse of the system, as people who should have never been notaries were commissioned.

In 2017, we reported on notary concerns in North Carolina surrounding their Secretary of State. At the time, the issue was limited and debated, but current news seems to suggest there might have been more issues than believed at the time.

The dirty deed issue is discussed at further length in the link above. At this point the vast majority of us knows what it is, and truthfully, we don’t need to hash it out here again.

The only thing of note is that the notary, forged or involved, resigned their position and moved out of state shortly after initial police reports were filed. But, they are still available and speaking.

WCNC Charlotte spoke by phone to the notary in (…) case. (They) said someone forged (their) signature as well, and he said (they) was were not sure how they got a hold of (their) stamp.

WCNC Charlotte

Some minor changes were made to the above quote to remove the specific case, as well as conceal the sex of the notary. You can follow the link if you wish to see the unfiltered version.

• Facebook Page
• LinkedIn Page
• Sunshine's Twitter, or X Page

We are at a loss on this one. A Utah man was found dead in a freezer with a notarized document stating that his wife did not kill him.

Say What?

It took us a while to wrap our heads around this one as well, but there is a decent backstory to it. Just another in a long line of bizarre notarial signings.

Frozen with Your Notarized Document

This is not just some event that happened recently. The man, a military veteran, was frozen since 2009. 2009.

Two ….. Thousand ….. Nine

The man is reported to have been diagnosed with a terminal illness. The notarized document was signed the previous year stating his wife was not responsible for his death.

Local News Affiliate WTKR has reported local authorities believe he died of natural causes.

Read the Fine Print

The Notary said they never actually read the document, just signed/stamped it.

And now they get to be the notary that signed a death document that was not a will.

There is literally no good part about this for the notary. This story has been seen lightheartedly in the local area. Every time someone googles your name, they are going to see the video on CNN.

And since the entire story is so bizarre, local residents are less likely to forget, or ask themselves how/why the name sounds somewhat familiar. And then they go to Google. And we think you can figure what just might happen next.

They say there is no such thing as bad publicity. But, this is probably a special case. And not in a good way. Fortunately, for this notary public, the name of the notary has not been a focus of the story. And hopefully it stays that way.

Fraud Was One Reason to Put the Document on Ice

While the Veteran died, the checks from the VA and social security kept being delivered. It was probably a driving factor in what happened, regardless of the convenient document.

The woman recently passed, which led to the discovery of the husband in freezer.

Anything to Take Away

We sure hope not. We would hope the expectations are higher. Everyone needs to at least know what you are signing, and not just be a rubber stamp.

Don’t forget this is a great example of a document that someone may sign under duress.

And maybe consider the possibility of not signing something like that. Ever. Seriously, if the husband was found before the wife died herself, the notary would be hating life right now.

• Facebook Page
• LinkedIn Page
• Sunshine's Twitter, or X Page