Attorney General doesn't know

Is a notary public a state officer, the Texas Secretary of State asked the Attorney General. If so, additional laws would kick in. The AG didn't know.

Pennsylvania now allows notaries to apply and renew online. For the time being, paper submissions will continue to be accepted. One advantage of the new system: it apparently automatically requests the required state senator letter.


Image

Notaries can authenticate bow ties?

In Illnois, 250 people got together to tie a bow tie together, attempting to break a world record. A newspaper reported a notary public "signed off" on the achievement.

I looked at the Secretary of State's web site to see if notaries in Illinois adjudicate contests but the site has little information.

Can you guess why a Pennsylvania notary got her commission suspended? Same old reason: not requiring the person to appear personally. I'm not sure why that requirement is so hard.

A North Carolina license plate agency has been closed by the state. Its 3 employees are charged with a total of 84 counts of aiding and abetting notary fraud.


Image

Finding trouble

A New Mexico notary faces 300+ felony charges for helping about 3 dozen illegal immigrants obtain driver's licenses through false paperwork.

A South Carolina attorney notarized affidavits supplied by his client without the signers appearing before him. He called them on the phone, verified they signed and notarized the documents. He was given a public reprimand by the South Carolina Supreme Court. The Court is also requiring the attorney to read the South Carolina Notary Public handbook within 20 days.

Image

5 Ways to Save Money as a Notary Public

1. Don't pay to become a "certified" signing agent. Your state doesn't require it. The escrow companies and loan officers probably don't care.

2. Spend 5 minutes on Google before buying supplies and insurance. Look at any bundles and see if you can do better buying the items separately elsewhere.

3. Same thing with any required education. In Pennsylvania, for example, prices for the required 3 hours class range from $30 to $115. Maybe it's just me but I'd rather pay $30 for the class and have money left for gas and dinner and .... .

4. Don't pay for long distance. Set up a Google Voice account and call free (at least through the end of the year.)

5. Stay on top of what the state regulator is doing. Perhaps check their web site once a month. This will avoid any fines for something you didn't hear about.


Image

Pennsylvania notary law: discrepancy

In Pennsylvania, a notary posts a $10,000 surety bond to guarantee, among other things, "the delivery of the notary's ... seal to the office of the recorder of deeds of the proper county in case of the death, resignation or disqualification of the notary within thirty (30) days of such event" (emphasis mine).

That's section 8 of The Notary Public Law of the state.

OK, nothing too surprising there.

Until one reads section 22.1(a), where it requires the seal to be delivered to the Secretary of State.

It's not an idle question.

If collateral was posted to secure the bond, the notary would like to get the asset unencumbered. Failure to deliver it to the Secretary of State, on the other hand, can result in a fine of up to $300 and/or 90 days in the clink.

Here are the relevant sentences in full for those interested:

Excerpt, Section 8: "Every such bond shall have as surety a duly authorized surety company or two sufficient individual sureties, to be approved by the Secretary of the Commonwealth, conditioned for the faithful performance of the duties of the office of notary public and for the delivery of the notary's register and seal to the office of the recorder of deeds of the proper county in case of the death, resignation or disqualification of the notary within thirty (30) days of such event."

Excerpt, Section 22.1(a): "Should an application or renewal be rejected, or should a commission be revoked or recalled for any reason, or should a notary public resign, the applicant or notary shall deliver the seal of office to the Department of State within ten (10) days after notice from the department or from the date of resignation, as the case may be. Any person who violates the provisions of this subsection shall be guilty of a summary offense and upon conviction thereof shall be sentenced to pay a fine not exceeding three hundred dollars ($ 300) or to imprisonment not exceeding ninety (90) days, or both."

Excerpt, Section 22.1(b): "(b) Upon the death of a notary public, the notary’s personal representative shall deliver the seal of office to the Department of State within ninety (90) days of the date of the notary’s death."

Image courtesy of Master isolated images

Arizona: major changes in notary law

Arizona is changing its notary law. Effective July 20, 2011, a notary and client must speak the same language. Later the Secretary's summary says a translator who is present in front of the notary is acceptable.

To notarize a document in a language the notary doesn't understand, the document must contain an affidavit from the translator that the translation is complete and accurate. The notarization is performed on the translation. There are other changes, which seem substantial.


----------

A Pennsylvania notary has surrendered her commission for at least 3 years. She was accused of notarizing for 6 people who did not appear before her and failing to note 3 documents in her journal. Two other people from the same state have also surrendered their commissions. They allegedly notarized candidate nominating petitions without requiring the signers to appear before them.


---Feel free to check out my ebooks on the notary public business

Image courtesy of Liz Noffsinger