Mobile Virginia Notary

VA Electronic Notaries Perform Notary Acts VIA Video

2012-01-03T16:38:00.000-08:00

Today, Iowa Secretary of State Matt Schultz issued a statement of warning about a new Virginia state law regarding notary publics. Virginia Governor Bob McDonnell signed House File 2318, which allows Virginia notaries to perform notarial acts via video and audio technology without the signer of the electronic document being physically present before the notary public in Virginia.

Secretary Schultz said, "As Secretary of State with responsibility over the notary process in Iowa, it is my job to duly inform the public that this law puts them at risk. Under this new law, Iowans using the online notary subject themselves to Virginia law and any court challenge of the notary actions would require action in Virginia. With over 55,000 Iowa notaries, it's never been easier to use the notary process in Iowa and there is no need to take the risk associated with this Virginia law."

VA Notaries are not employees of the Commonwealth of VA

2012-01-02T17:08:00.000-08:00

Va notaries are appointed by the Governor of VA for a four year term. Va notaries are not employees of the Commonwealth of VA and contrary to the suggestion of an Arlington County resident, do not receive a salary. Va notaries receive up to $5.00 per notary act and negotiate the travel with client. Some notaries have places that they will visit for a set amount.

A Unique to a Solution of No Picture ID

2011-10-16T20:47:00.000-07:00

A notary may notarize a person who is known to the notary. Unfortunately, the person was not known to me but well known to another person. Technically, I could have sworn the the other person since I know this other person very well.I elected another option. The other person will become a VA notary and his first assignment will be to notarize his good friend who he has known for several years. I will be assisting him on his first notarization.

Bus Company Gets a New Bus

2011-10-16T20:39:00.000-07:00

VA DMV does not require notarization of sale of a vehicle unless it is a gift transaction or the price is below book value. However, private companies may require proof of delivery of a bus. In my recent experience both delivery agent and company representative had to do a jurat on a document certifying delivery of the new bus.

Urgent Message on Web cam notarization from AAN

2011-09-21T11:36:00.001-07:00

Steps to Proper Notarization
Official Statements on Webcam Notarization

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In January 2011, rumors that a new website had been established to provide online notarization services surged through notary forums and email lists. The American Association of Notaries (AAN) received emails that expressed concerns regarding this type of notarization process.

The site, which the AAN will not name, claimed that a citizen could receive instant notarization services if he or she had access to a webcam. The webcam would provide an opportunity for a video conference session between the citizen who needed notary services and a notary. According to the site, once the video conference was established and the citizen was “connected” to a notary, he or she would receive “legal” notary services.

According to promotional press releases that were published subsequently, a signer would go to the address of the website and create an account. The identification of the signer would be conclusively established during the account set up. To do so, the site’s attendant would ask a series of questions that were based on public records. Theoretically, the answers to the questions were known only by the signer.

Once the signer’s identity was established satisfactorily, the signer would transmit the document to the site’s waiting notary, sign the document using his or her computer mouse, and the notary would electronically notarize the document.

The site and press releases also mentioned that the notary’s computer captured the transaction and the signer’s face on video and that the connections over which the transaction took place were “secure.” The fee for the notarization service was stated to be $14.99.

Notaries’ Concerns

Emails from notaries and attorneys appeared in our inbox and they all covered one or more of six concerns:

-A webcam appearance is not the same as personal appearance. Notaries said that there is no certain way to identify a person through a camera. Some notaries suggested that signers could be forced to sign the document by someone off camera.

-The notary did not have an opportunity to view the original ID documents and that asking questions did not fulfill ID requirements. They felt strongly that using information from public records was not a lawful method of identifying a signer. Some mentioned that “public records” are available to the public, so they did not believe that the question/answer method could be a conclusive method of identifying a signer. Further, even though the notarization was conducted over a “secure” connection and was recorded, these measures would do little to stop a fraudulent transaction.

-The website’s stated fee of $14.99 was higher than any state allows for a notary act. The emails were accurate; there is no state in the union that allows a notary to charge $14.99 for a single notarization.

- Electronic notarization is not the appropriate method for all situations. Electronic notarization cannot be used in a transaction in which the recipient needs a wet ink signature. For instance, one cannot sign a deed electronically if the recipient or the clerk’s office does not have the software to verify that the deed has been signed by a certain person and a certain notary. Printed copies of electronic notarizations look like copies; it is quite possible that the notarization would be useless for the recipient.

-The issue of stated venue. Would the venue on the notary certificate be the venue of the notary or the venue of the signer? If a notary from New Jersey, for instance, notarized a document for a signer in Florida, what would the venue say? Since there are no laws in effect to allow webcam notarizations, it is impossible to determine which location is correct for the notary’s certificate.

- No state has laws in effect that allow webcam notarizations. Would such a notarization be valid if this type of notarization was challenged and determined in the future to be illegal? If one of the online notarizations was attached to a document that became the subject of a lawsuit, would the notarization be voided once the court learned the method of notarization?

Official Decisions from States

When concerned notaries contacted their notary public administrators’ offices, several strongly responded to discourage notarization through the use of webcams. One state even used the phrase “scam alert,” and another state said that the information that was published on the webcam notarization website was “misleading.” The AAN is aware of the following states that have made public statements about online notarization through the use of webcam:

CALIFORNIA (March 2011)
"Online webcam notarization is invalid and illegal in the State of California. A private company claims to have the first online notarization website and has sent misleading information and made false claims to California notaries public concerning a new online notarization service. The web-based platform purports to allow a person to submit copies of identification over the Internet and to use a webcam in lieu of a personal appearance in front of a notary public. Appearance via webcam does not meet the requirements for notarization in California...."

FLORIDA (May 2011)
"Thank you for contacting the Governor’s Notary Section. The physical presence requirement at the time of notarization is still in effect per section 117.107(9), Florida Statutes and there are no exceptions to the presence requirement. " (Via email.)

NEVADA (JULY 2011)
"Customer Alert: Online webcam notarizations are not permitted in the State of Nevada. A person seeking a notarization is required to personally appear before a notary public and sign the document in the presence of the notary. Appearance via a webcam or other electronic medium such as Skype does not meet Nevada’s law governing personal appearance. Please be aware of any online notarization service being offered by a private company..."

NEW JERSEY (July 2011)
"NOTICE Concerning Online Notary Services Utilizing a Web Cam or other Video Equipment: The Division of Revenue requested legal guidance concerning the practice of online notarization services utilizing a webcam or other video in lieu of a personal appearance in front of a valid New Jersey Notary. It has been determined that New Jersey’s statutes do not allow for this type of notarization."

RHODE ISLAND (June 2011)
"ALERT - Please be advised that pursuant to state law, all Notary Publics authorized to by his Excellency the Governor, may exercise said powers 'within this state'. An individual completing an acknowledgment must do so "before" a person authorized to take acknowledgments under Rhode Island law, including Notaries Public. The Governor of the State of Rhode Island and the Rhode Island Secretary of State have further set forth, by Executive Order, the requirement that the person completing an acknowledgment or seeking other services from the Notary Public must 'appear in person' before the Notary Public. Other electronic means of appearance, such as web cam and Skype, do not comply with the requirements of state law and the Executive Order."

OHIO (July 2011)
"Scam alert: Online Notarization. Online webcam notarization” is invalid in Ohio, but at least one company is claiming to provide a web-based notary service to consumers throughout the U.S. Under Ohio law, if you need to get a document notarized to verify your signature on the document, you must be physically present with the notary public at the time you sign the document.

If you are not physically present (in person) with the notary public at the time of signing, the notarization is invalid and the document itself may become invalid..."

OREGON (July 2011)
ONLINE WEBCAM NOTARIZATION is invalid and illegal in the State of Oregon. "A private company claims to have the first online notarization website and has false claims concerning a new online notarization service...It is important that Oregon notaries do not participate in this scheme. Clearly, Oregon notaries public who notarize in this fashion are breaking the law, and are subject to administrative and possibly criminal and civil sanctions. It is unclear if notarizations of Oregon citizens done remotely by notaries that are not in Oregon will be upheld in court."

TEXAS (Jan 13, 2011)
"Thank you for bringing this to our attention. Performing a notarization without the signer personally appearing before the notary at the time of the notarization is a Prohibited Act. It is specifically cited as good cause for taking disciplinary action against your notary commission. Tex. Gov’t Code Ann. § 406.009; 1 Tex. Admin. Code § 87.11(a)(16). Appearance by webcam or video conference is not personal appearance. Personal appearance means physically appearing in the presence of the notary." (Via email.)

WISCONSIN (May 2011)
"...Online webcam notarization is invalid and illegal in the State of Wisconsin. A private company claims to have the first online notarization website and has sent misleading information and made false claims to Wisconsin Notaries Public concerning a new online notarization service. The web-based platform purports to allow a person to submit copies of identification over the Internet and to use a webcam in lieu of a personal appearance in front of a Notary Public. Appearance via webcam does not meet the requirements for notarization in Wisconsin..."

Virginia’s Laws on Video Conferencing

Virginia lawmakers recently wrote laws regarding electronic notarization through the use of video conferencing, but the laws are not in effect.

VIRGINIA (March 2011)
"Still NOT lawful in 2011... the provisions of this act relating to the use of video and audio conference technology shall become effective JULY 1, 2012..."

After July 1, 2012, the ID methods described are very strict according to the new law: "(i). In the case of an electronic notarization, 'satisfactory evidence of identity' may be based on video and audio conference technology, in accordance with the standards for electronic video and audio communications set out in subdivisions B 1, B 2, and B 3 of § 19.2-3.1, that permits the notary to communicate with and identify the principal at the time of the notarial act, provided that such identification is confirmed by (a) personal knowledge, (b) an antecedent in-person identity proofing process in accordance with the specifications of the Federal Bridge Certification Authority, or (c) a valid digital certificate accessed by biometric data or by use of an interoperable Personal Identity Verification card that is designed, issued, and managed in accordance with the specifications published by the National Institute of Standards and Technology in Federal Information Processing Standards Publication 201-1, "Personal Identity Verification (PIV) of Federal Employees and Contractors," and supplements thereto or revisions thereof."

The AAN’s Position

The AAN does not take positions on matters that are of a legal nature. We support the decisions and rules of the states’ commissioning offices.

To determine whether or not webcam notarization is legal in your state, please contact your notary public administrator. You may refer to this article in your inquiry as long as the article is referred to in its entirety and credit is given to its source.

You just got a very broad and intrusive Federal Witness Subpoena

2011-08-29T17:53:00.000-07:00

1)Do not open the door to anyone claiming they have a package for you that you did not order or were not expecting.
2. If the individual claims to be processor server, call the non-emergency police department number so a uniform police officer can supervise and identify the process server.
3. Read Rule 45 and apply it appropriately. Notify counsel(s) of your response and application of rule 45.
4.Bring a lawyer to the deposition.
Rule 45. Subpoena.

(a) Form; issuance.

(a)(1) Every subpoena shall:

(a)(1)(A) issue from the court in which the action is pending;

(a)(1)(B) state the title and case number of the action, the name of the court from which it is issued, and the name and address of the party or attorney responsible for issuing the subpoena;

(a)(1)(C) command each person to whom it is directed

(a)(1)(C)(i) to appear and give testimony at a trial, hearing or deposition, or

(a)(1)(C)(ii) to appear and produce for inspection, copying, testing or sampling documents, electronically stored information or tangible things in the possession, custody or control of that person, or

(a)(1)(C)(iii) to copy documents or electronically stored information in the possession, custody or control of that person and mail or deliver the copies to the party or attorney responsible for issuing the subpoena before a date certain, or

(a)(1)(C)(iv) to appear and to permit inspection of premises;

(a)(1)(D) if an appearance is required, specify the date, time and place for the appearance; and

(a)(1)(E) include a notice to persons served with a subpoena in a form substantially similar to the subpoena form appended to these rules. A subpoena may specify the form or forms in which electronically stored information is to be produced.

(a)(2) The clerk shall issue a subpoena, signed but otherwise in blank, to a party requesting it, who shall complete it before service. An attorney admitted to practice in Utah may issue and sign a subpoena as an officer of the court.

(b) Service; fees; prior notice.

(b)(1) A subpoena may be served by any person who is at least 18 years of age and not a party to the case. Service of a subpoena upon the person to whom it is directed shall be made as provided in Rule 4(d).

(b)(2) If the subpoena commands a person's appearance, the party or attorney responsible for issuing the subpoena shall tender with the subpoena the fees for one day's attendance and the mileage allowed by law. When the subpoena is issued on behalf of the United States, or this state, or any officer or agency of either, fees and mileage need not be tendered.

(b)(3) If the subpoena commands a person to copy and mail or deliver documents or electronically stored information, to produce documents, electronically stored information or tangible things for inspection, copying, testing or sampling or to permit inspection of premises, the party or attorney responsible for issuing the subpoena shall serve each party with notice of the subpoena by delivery or other method of actual notice before serving the subpoena.

(c) Appearance; resident; non-resident.

(c)(1) A person who resides in this state may be required to appear:

(c)(1)(A) at a trial or hearing in the county in which the case is pending; and

(c)(1)(B) at a deposition, or to produce documents, electronically stored information or tangible things, or to permit inspection of premises only in the county in which the person resides, is employed, or transacts business in person, or at such other place as the court may order.

(c)(2) A person who does not reside in this state but who is served within this state may be required to appear:

(c)(2)(A) at a trial or hearing in the county in which the case is pending; and

(c)(2)(B) at a deposition, or to produce documents, electronically stored information or tangible things, or to permit inspection of premises only in the county in which the person is served or at such other place as the court may order.

(d) Payment of production or copying costs. The party or attorney responsible for issuing the subpoena shall pay the reasonable cost of producing or copying documents, electronically stored information or tangible things. Upon the request of any other party and the payment of reasonable costs, the party or attorney responsible for issuing the subpoena shall provide to the requesting party copies of all documents, electronically stored information or tangible things obtained in response to the subpoena or shall make the tangible things available for inspection.

(e) Protection of persons subject to subpoenas; objection.

(e)(1) The party or attorney responsible for issuing a subpoena shall take reasonable steps to avoid imposing an undue burden or expense on the person subject to the subpoena. The court shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney fee.

(e)(2) A subpoena to copy and mail or deliver documents or electronically stored information, to produce documents, electronically stored information or tangible things, or to permit inspection of premises shall comply with Rule 34(a) and (b)(1), except that the person subject to the subpoena must be allowed at least 14 days after service to comply.

(e)(3) The person subject to the subpoena or a non-party affected by the subpoena may object if the subpoena:

(e)(3)(A) fails to allow reasonable time for compliance;

(e)(3)(B) requires a resident of this state to appear at other than a trial or hearing in a county in which the person does not reside, is not employed, or does not transact business in person;

(e)(3)(C) requires a non-resident of this state to appear at other than a trial or hearing in a county other than the county in which the person was served;

(e)(3)(D) requires the person to disclose privileged or other protected matter and no exception or waiver applies;

(e)(3)(E) requires the person to disclose a trade secret or other confidential research, development, or commercial information;

(e)(3)(F) subjects the person to an undue burden or cost;

(e)(3)(G) requires the person to produce electronically stored information in a form or forms to which the person objects;

(e)(3)(H) requires the person to provide electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost; or

(e)(3)(I) requires the person to disclose an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study that was not made at the request of a party.

(e)(4)(A) If the person subject to the subpoena or a non-party affected by the subpoena objects, the objection must be made before the date for compliance.

(e)(4)(B) The objection shall be stated in a concise, non-conclusory manner.

(e)(4)(C) If the objection is that the information commanded by the subpoena is privileged or protected and no exception or waiver applies, or requires the person to disclose a trade secret or other confidential research, development, or commercial information, the objection shall sufficiently describe the nature of the documents, communications, or things not produced to enable the party or attorney responsible for issuing the subpoena to contest the objection.

(e)(4)(D) If the objection is that the electronically stored information is from sources that are not reasonably accessible because of undue burden or cost, the person from whom discovery is sought must show that the information sought is not reasonably accessible because of undue burden or cost.

(e)(4)(E) The objection shall be served on the party or attorney responsible for issuing the subpoena. The party or attorney responsible for issuing the subpoena shall serve a copy of the objection on the other parties.

(e)(5) If objection is made, or if a party files a motion for a protective order, the party or attorney responsible for issuing the subpoena is not entitled to compliance but may move for an order to compel compliance. The motion shall be served on the other parties and on the person subject to the subpoena. An order compelling compliance shall protect the person subject to or affected by the subpoena from significant expense or harm. The court may quash or modify the subpoena. If the party or attorney responsible for issuing the subpoena shows a substantial need for the information that cannot be met without undue hardship, the court may order compliance upon specified conditions.

(f) Duties in responding to subpoena.

(f)(1) A person commanded to copy and mail or deliver documents or electronically stored information or to produce documents, electronically stored information or tangible things shall serve on the party or attorney responsible for issuing the subpoena a declaration under penalty of law stating in substance:

(f)(1)(A) that the declarant has knowledge of the facts contained in the declaration;

(f)(1)(B) that the documents, electronically stored information or tangible things copied or produced are a full and complete response to the subpoena;

(f)(1)(C) that the documents, electronically stored information or tangible things are the originals or that a copy is a true copy of the original; and

(f)(1)(D) the reasonable cost of copying or producing the documents, electronically stored information or tangible things.

(f)(2) A person commanded to copy and mail or deliver documents or electronically stored information or to produce documents, electronically stored information or tangible things shall copy or produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the subpoena.

(f)(3) If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must produce the information in the form or forms in which the person ordinarily maintains it or in a form or forms that are reasonably usable.

(f)(4) If the information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party who received the information of the claim and the basis for it. After being notified, the party must promptly return, sequester, or destroy the specified information and any copies of it and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve the information. The person who produced the information must preserve the information until the claim is resolved.

(g) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person is punishable as contempt of court.

(h) Procedure when witness evades service or fails to attend. If a witness evades service of a subpoena or fails to attend after service of a subpoena, the court may issue a warrant to the sheriff of the county to arrest the witness and bring the witness before the court.

(i) Procedure when witness is confined in jail. If the witness is a prisoner, a party may move for an order to examine the witness in the jail or prison or to produce the witness before the court or officer for the purpose of being orally examined.

(j) Subpoena unnecessary. A person present in court or before a judicial officer may be required to testify in the same manner as if the person were in attendance upon a subpoena.

Advisory Committee Notes

A Suggestion on Location

2011-08-05T17:39:00.000-07:00

Currently, VA notaries are required to enter the location of the notary act City or County and Commonwealth of Virginia. Failure to state the location would result in an incomplete notarization. GPS locators are becoming very common. Legislation needs to passed to allow longitude and latitude to the notary certificate in addition to the traditional method of stating location.

Authentication Defined and Explained by the VA Secretary's Web page

2011-07-08T09:48:00.000-07:00

Authentications

The purpose of the authentications office is to verify to foreign governments that Virginia officials are in good standing. These officials include notary publics, clerks and deputy clerks of Virginia courts, registrars and deputy registrars of the Department of Health, and the Clerk of the State Corporation Commission.

Authentication of a notarized document is required for conducting international business by individuals and corporations in Virginia. All documents for Authentication must be less than one year old. This means that the issue date on Vital Records must be less than one year from the day processed by our office. On all documents signed by a Notary, Deputy Clerk, or any other Virginia official, that acknowledgement must have taken place less than one year from the day processed.

The Office of the Secretary of the Commonwealth does not regulate what documents are required by the foreign government.
FAQ's
How do I prepare the documents?

Before documents are sent to the Authentication Office, they must have the proper signatures (original signatures only) and/or certificates attached. All correspondence being sent to the Authentication Office must include a Cover Letter (PDF, 71kb | Word, 32kb) and the appropriate fee.
What are the fees?

The fee for authentication of documents is $ 10.00 per document, payable to the Secretary of the Commonwealth. If there are several documents signed by the same public official (notary public, deputy clerk, etc…) on the same date for the same country; the fee is $ 10.00 for the first document and $ 5.00 for each additional document.
Can I mail the documents or do I need to make an appointment?

So that we can accommodate our customers’ requests in a timely manner, we ask that you mail the documents . If documents must be dropped off for processing, the Drop-off/Pick –up schedule is below. Make sure to include the cover letter and the appropriate fee with all documents.

MAIL-IN Instructions
The general turnaround time for mail-in documents is 5 business days - please plan accordingly. Include a cover letter with contact name, daytime telephone number, the country where the document will be used, and a self-addressed, prepaid return mailer to return documents. Documents submitted without a return envelope and postage will be returned regular delivery by the United State Postal Service to the person submitting the documents.

Secretary of the Commonwealth’s Office
Authentication Division
1111 East Broad Street, 1st Floor
Richmond, VA 23219

Witness and Signer's Address

2011-06-26T17:42:00.000-07:00

In some document, the document calls for the signer address and the witness address. I think it would be a wise idea to record the email of signers and witnesses. I will start advocated this. People change telephone numbers and addresses but sometimes a person keeps the same email. If someone needs to try to find someone in the future, an email may be important information

Read The Notary Certificate Carefully

2011-06-26T17:33:00.000-07:00

All notaries should read the Notary Certificate carefully!!!!!!!!!!!!If the Notary Certificate contain the names of the witnesses and the signer(s), the notary must check the picture id of all witnesses and document signers and also check the witnesses understand what is happening.

The Essential Elements of a $86 VA Divorce

2011-04-14T20:35:00.000-07:00

1. Final Decree of Divorce This is signed by the Circuit Judge but drafted by the Plaintiff. The Plaintiff also signs the order.
2. Complaint For Divorce Signed by the Plaintiff-not notarized
3. Private Addendum to Decree of Divorce Pursuant to Code sec. 20-121.03 This contain the social security numbers of the litigants and is signed by the Plaintiff. This document restricts disclosure of the social security numbers.
4. Waiver of Notices The defendant appears before a notary (who does a jurat) and states the defendant does not contest the action, and waives all future notices of the case. The notary needs to make absolutely sure that the signed reasonable understands this document!!!!
5. Marital Separation and Property Settlement and Custody Visitation Agreement.If there are no children one would omit the custody and visitation. The signature of both parties is notarized.
6 Answer to Complaint for Divorce Signed by the Defendant and not notarized

ALL document are submitted to the clerk of the Circuit Court with a payment of $86 CASH. The Court will review the documents and set a date where the Plaintiff and a collaborative witness appears in Court.

VA Governor has appointed me to another term as Notary Public

2011-03-17T21:07:00.000-07:00

The Governor of the Commonwealth has appoint me to another term as Notary Public for the Commonwealth at Large. My term runs through 3/31/20015. I elected to be sworn in at the Alexandria Circuit Court.

With the letter announcing my appointment there was a document entitled IMPORTANT GUIDELINES FOR VIRGINIA NOTARIES:
Some of the main points are:
1)A notary is a public official appointed by the Governor. No employer or supervisor may impose requirements pertaining to a notary that are contrary to Virginia's laws or regulations pertaining to notaries
2} "A notary can not notarize his or her own signature , the signature of his or her spouse, or a document in which the notary or notary's spouse may benefit."
3)" Every effort should be made to have complete notarization on the same page as the signature(s)being notarized. If the notarization is on a separate page from the signature(s), the notarial statement must include the name of each person whose signature being notarized."
4)Any new notary laws will be posted on July 1 on the web site www.commonwealth.virginia.gov/OfficialDocuments/Notary/notary.cfm

When NO meant NO

2010-09-06T17:37:00.000-07:00

A notary colleague was confronted with a client who only could communicate by squeezing the notary's hand. When asked if he did not want to sign, the notary's hand was squeezed very hard. Clearly no meant no. My notary colleague left and collected his travel fee. My colleague made the correct decision. The case illustrates the need for all our clients to get all necessary wills,medical directives, powers of attorney document, and/ or living trust while they are well. Waiting to a time when the person is not well can create major problems.

I declined to go to a hospital ICU when advised that the patient was not competent to be notarized. Due to a recent divorce, I got my will and medical directive properly notarized. I did not want my now ex wife to be directing my medical care if I was ill. Notaries ,who are not lawyers can not draft legal document or give legal advise. There are software and internet sites one can go to get legal document. However,I strongly recommend that a licensed VA lawyer reviews the document before you sign.

Client is making a telephone appearance in FLA from VA

2010-09-01T12:21:00.000-07:00

Florida allows for a party to a Florida Court action to make a telephone appearance from VA provided a Va Notary is present. The Court will request the Notary's name id number and address. This becomes part of the public record. The notary then administers the oath. The notary is free to leave and does not need to stay for the rest of the proceedings. Federal Bankruptcy Courts have a similar procedures for a person who is disabled and can not appear in Court. In both cases, the Notary is free to leave after the Court says the Notary can leave. I make sure I get paid before the Court proceeding begin so I can leave promptly.

Faulty Notary Information

2010-08-16T20:57:00.000-07:00

Faulty Notary Information
I received an electronic newsletter from a notary organization stating that Va notaries do not a seal. This is not true and has been untrue for at least two years. VA requires all notaries to use reproducible seal or put carbon paper in a crimp.

Note: The notary organization has corrected the error on August 18,2010!!!!

Another organization stated you could renounce or negate or recall a notarization after you have finished a document and handed the document to the client.There is no statuary basis for this idea in VA. This means do not notarize if you have any question on the id or any aspect of the notarization. Always have an exit strategy if you find yourself in a hostile environment. Do not believe everything you read in print or on the internet. Refer to your VA notary handbook. If you are still puzzled, email me.

What does the Notary do if the client might be having a stroke

2010-08-16T20:36:00.000-07:00

"Symptoms
By Mayo Clinic staff

Watch for these signs and symptoms if you think you or someone else may be having a stroke. Note when signs and symptoms begin, because the length of time they have been present may guide treatment decisions.

* Trouble with walking. You may stumble or experience sudden dizziness, loss of balance or loss of coordination.
* Trouble with speaking and understanding. You may experience confusion. You may slur your words or be unable to find the right words to explain what is happening to you (aphasia). Try to repeat a simple sentence. If you can't, you may be having a stroke.
* Paralysis or numbness on one side of your body or face. You may develop sudden numbness, weakness or paralysis on one side of your body. Try to raise both your arms over your head at the same time. If one arm begins to fall, you may be having a stroke. Similarly, one side of your mouth may droop when you try to smile.
* Trouble with seeing in one or both eyes. You may suddenly have blurred or blackened vision, or you may see double.
* Headache. A sudden, severe "bolt out of the blue" headache, which may be accompanied by vomiting, dizziness or altered consciousness, may indicate you're having a stroke.

When to see a doctor
Seek immediate medical attention if you notice any signs or symptoms of a stroke, even if they seem to fluctuate or disappear. Call 911 or your local emergency number right away. Every minute counts. Don't wait to see if symptoms go away. The longer a stroke goes untreated, the greater the potential for brain damage and disability. To maximize the effectiveness of evaluation and treatment, it's best that you get to the emergency room within 60 minutes of your first symptoms.

If you're with someone you suspect is having a stroke, watch the person carefully while waiting for emergency assistance. You may need to:

* Begin mouth-to-mouth resuscitation if the person stops breathing
* Turn the person's head to the side if vomiting occurs, which can prevent choking
* Keep the person from eating or drinking"

The mayo clinic staff did an excellent job of discussing the symptoms of stroke. The big question is what happens when the client postpones going to the hospital or refuses to got to the hospital. Building consensus with the client immediate peer group and stress the irreversible nature of a stroke would be an effective plan. If the client still has cognitive understanding of what the notary is doing, the notary may go forward with notarization cautiously.

If the person's cognitive ability fails leading to a failure to communicate, the notary should cease the notarization and call 911!!!!!

Notary 's Name is legally changed

2010-08-03T11:54:00.000-07:00

Notaries can get married or divorced during their term of office. The VA Notary Handbook has a procedure for this:

"Occasionally it is necessary for the Office of the Secretary of the Commonwealth to certify that a notary is properly commissioned to serve in Virginia. A notary whose name is legally changed during his or her term must indicate in writing the name in which the commission was issued.
For example, if Mary Jane Smith, a notary public commissioned on July 1, 2001, changed her legal name to Mary Smith Jones, she must indicate on all notarial acts the original name in which her commission was issued. Therefore the following language should appear:

“My commission expires, this ___ day of ___, 20__.
I was commissioned a notary public as Mary Jane Smith.”

By using this additional language, Mrs. Jones will avoid confusion over her ability to serve as a notary. When she reapplies for a commission, she may do so in her new name. If you have a notary seal issued in your old name, continue to use that seal until your notary commission expires.*

Mother Giving Up Child Custody ; Relinguishment of Custody of a Child

2010-06-23T20:20:00.000-07:00

When a mother gives up or relinquished custody to a private out of state adoption agency, there is no current requirement requiring the notary to be presented with a birth certificate. I am working at making this a requirement. If the birth certificate states the father's name this should alert the notary to a problem; especially if the mother denies knowing the name in a jurat statement. Furthermore, if the child is only a day old, the mother maybe still under the effect of medication given her during delivery of the child and not be competent to do a jurat or any other notary procedure. In my opinion, notaries should call child protective service, VA State Police, and local authorities if they detect any issues during custody relinquishment. A competent VA court can then sort out custody of the child in VA. I am strongly advocating all VA notaries insist on seeing a birth certificate during a relinquishment of a child by either parent.

According to the Washington Post. a child was removed from Virginia without permission of the father and adopted by a Utah family. A VA court awarded custody to the father. The case is being litigated in Utah under the Federal Parental Kidnapping Act. The case is going to the Utah Supreme Court. Based on news articles, proper resolution of the case consistent with the application of Federal Parental Kidnapping laws will only occur at the US Supreme Court or in Federal Court.

I think adoptions are great and I work with adopting families regularly. I am also impressed with a Census co working who kept her baby and the thoroughly integrated parenting plan she has with the father and the grandparents that allowed her to be a full time Census Enumerator!!!!!!She is going to NOVA in the Fall and will do an RN major a radiological technician degree or both.

What happens when the notary finds you lied

2010-04-14T15:09:00.000-07:00

Lying to a VA notary is a serious matter. Notaries are authorized to do a jurat which includes asking the client to affirm the truthfulness of statements in the document. As stated earlier in the blog, notaries are not Dick Tracy, Perry Mason, or Trag. VA Notary office stated today they do not have jurisdiction over the perjury issue; law enforcement has jurisdiction. Va State Police or the police in the jurisdiction of the alleged perjury would have authority to investigate perjury. As stated earlier in the blog, the former Mayor of Detroit went to jail because he lied to a Michigan Notary. Clearly, if a notary discover perjury after the jurat, a report to the parties effected needs to be made. However,it is the sole responsibility of the parties to contact authorities such as the Va State Police or magistrate.If the offense were to trigger a federal crime, it is the sole responsibility of the parties to contact a federal magistrate.

Stating opinion not endorsed by the majority of citizens is not perjury. If President of the Flat Earth Society were to appear before a VA Notary and do a jurat stating the earth is flat, this would not be perjury. Clearly the client honestly thinks the world is flat.

If a person brings a document claiming ownership of the Brooklyn Bridge, this document should not be notarized.

Is the notary an imposter if VA refused to issue an Apostle

2010-04-14T14:57:00.000-07:00

Va may decline to issue an Apostle for any given notary act if they find any defect in the notarization or if the notary is not a notary of record. Normally Apostles are only applied for notarization going overseas and Va charges only $10 Consequently, if a client wanted to have VA review a critical notarized document for notary correctness, requesting an Apostle is an option. However, notarization does not necessarily make a document legal and VA can not review the legality of the document.Their review is limited to the notary certificate and whether the notary has a valid notary commission at the time of the notarization.

Notary Error and Ommissions or Not

2010-04-01T21:08:00.000-07:00

A respected west coast lawyer was busily signing several documents and the very able and competent notary was busily notarizing documents and was with him notarizing documents he presented to her. Unfortunately, one document was not presented to her for notarizing. When the lawyer left for an international trip, his very competent lawyer daughter discovered the document was not notarized . She transmitted the document to me with detailed instructions and emailed her father's cell phone. I met him at Dulles Airport and notarized the three documents and sent them via Fedex to the west coast. The west coast notary can not faulted since the documents were not presented to her for notarization.
Once a document is presented to a notary, the notary is responsible for quickly looking for blanks. An 80 year old lady presented a will to me which had many blanks. When I pointed the blanks out to her, she told me this was the wrong document; she filled in the blanks on the right document. She located the correct document and the will was notarized. Besides checking the government photo id, the notary needs to make sure all the elements of the notary certificate are compete and on the same page as the signer's signature. If the certificate is on a second page,I have the person sign the second page and add a notary certificate to the page they signed first. This is best practice and avoids the issue of losing the second page which has the notary certificate. On client said they appeared before a notary and allege the notary did not return the second page with the notary certificate. They went on to allege that the notary denied notarizing the will. I notarized the document. This was a strange case.!!!!!

You lost your notary seal or notary stamp?

2010-04-01T20:55:00.000-07:00

There is no guidance in the notary VA handbook for this isssue. A notary friend misplaced his notary stamp which had been found after he left the site where he was notarizing. The social worker picked it up and placed the notary seal in the safe. My notary friend noticed the notary stamp was missing when he got back to his home office. He notified both the local police & VA Secretary of the Commonwealth. He was very happy to report the recovery of the lost notary stamp to both offices.

I personally keep my notary supplies under lock and inventory all items used after I finish notarization once more when I get back to my car. I try to be polite to the customers but limit myself to one task at a time in order to be distracted and misplacing my notary equipment.

Procedure for getting a VA Driver License or Photo Indentification Card

2010-03-26T20:37:00.000-07:00

Besides the traditional va driver's license with photo, VA offers a photo identification card. One need to provide the following 1}Proof of identity Primary and Secondary Document 2Legal Presence Proof 3) Proof of Virginia residency 4) Proof of Social Security Number. I f your name has been changed you need to show proof that the name has been changed. For more information go to www.dmvNOW.com or call1-866-368-5463

Photo Government ID Insufficent for Notarization

2010-03-12T16:42:00.000-08:00

When the signer is totally unable to communicate with the notary in any manner, the photo Government is insufficient for notarization even if the individual can make an x. The notary needs to see either a power of attorney or guardianship appointment so that another person can sign for the individual. The notary needs to communicate with the individual in some manner in order to notarize the signature.

Notary Presentment

2010-03-12T16:33:00.000-08:00

Some states may authorize the notary to be an independent witness to a person putting document in an envelope. Va notaries are barred from notarizing their own signature. Consequently, I have concluded Va notaries cannot do notary presentments. Va notaries can do jurats for affidavits but the person signing the affidavit has to be someone other than the notary or the notary's spouse.

I am now a notary instructor

2010-01-19T12:54:00.000-08:00

I was hired to to teach some potential notary students the abc of the Va Notary Handbook and related items. New notary candidates and current notaries seeking re-appointment can down load the application, fill it out, and go to any notary to get a jurat and send the application and the check in with the application. You select what Court you want to pick up your appointment. In the application it made very clear what is good notary practice. You are required to do a jurat at the time of the application and you are again sworn in when you pick up your commission. All notaries to read the application very carefully!!!

A Brave new world Email appointments

2010-01-19T12:41:00.000-08:00

I had a recent experience with the brave new world. A client emailed me for a notary appointment. He told where he wanted me to go via email and we confirmed my travel fee via email. I went to the location and notarized the client signature. You still need to see the person even when you do electronic notarization!!!!!!However, the ssignment was a tradition notary assignment.

Electronic Notarization Has Arrived in VA

2010-01-19T12:02:00.000-08:00

Electronic notarization has arrived in VA. You need to be a Va notary and need to apply for a separate appointment and need to buy from suppler equipment. I have decided not to apply for the following reasons: 1)no demand and 2) an expense with no known return. The client still needs to appear before the notary. The notary is required to have an electronic record and back up. None of the notaries see a demand for this at this time. Virginia .gov has the Frequently Asked questions and application questions http://www.commonwealth.virginia.gov

Apostle or Authentication Explained By VA Secretary of the Commonwealth

2009-12-14T10:01:00.000-08:00

This is from the Web Page of the Scretary ofVirginia
"Authentications

The purpose of authentications is to verify for foreign governments that a Virginia official is in good standing. These officials include notary publics, clerks and deputy clerks of Virginia courts, registrars and deputy registrars of the Department of Health and the Clerk of the State Corporation Commission. Please note: Various states and embassies refer to the Authentication process differently; it can also be described as Legalization or Certification.

Authentication of a notarized document is required for conducting international business by individuals and corporations in Virginia. All documents for Authentication must be less than one year old. This means that the issue date on Vital Records must be less than one year from the day that we process it. On all documents signed by a notary, Deputy Clerk, or any other Virginia official, that signing must have taken place less than one year from the day that we process it.

The Office of the Secretary of the Commonwealth does not regulate what documents are required by the foreign country. To verify the required documents, contact the embassy of the country to which the documents will go.
International Authentication – Individual Use

For international acceptance, the official state registry of birth, death, marriage and divorce must be obtained from the Department of Vital Records. For information on obtaining a copy, call Vital Records at (804) 662-6200. These Vital Record documents should only be signed by a State Registrar or Deputy State Registrar, and not notarized.

Marriage certificates can also be obtained from the Circuit Court in the city where the marriage was recorded. These black and white certificates must be accompanied by a Triple Seal Page, also called an Authentication of Record. This is a separate sheet of paper from the Court with the signatures and seals of the Court Clerk and Judge. This additional page must be attached to your document prior to our office Authenticating it.

All other documents requiring authentication for foreign use should be notarized by a Virginia notary. These documents include Power of Attorney, school transcripts and diplomas, and copies of passports and immigration paperwork. Please follow the instructions below.

1. Enclose a cover letter with your name, address and phone number. Also include the country the you need the document authenticated for.
2. You may use our Authentications Request form as your cover letter (pdf, 18 k) or (word doc, 30 k).
3. The fee for this service is $10.00 per document, payable to the Secretary of the Commonwealth. For each authenticated document after the first document, if the testament bears the same name and on the same date the charge will be $5 for each proceeding document.
4. Please be sure to enclose a prepaid return mailer. This can be regular mail, Fed X, UPS, DHL, etc. We recommend using Fed Ex or UPS for both speed and reliability.

If you have vital records or other documents notarized from another state, you must send those documents to the Secretary of State for that state.

If you have marriage or birth certificates from another country, you must send those to the U.S. State Department, which can be contacted at 1-800-333-4636.

All documents besides Vital Records and Court Marriage Certificates must be notarized by a Virginia notary. Notaries must include ALL information required in the handbook. When there is no signature for a notary to notarize, such as passports, INS documents and academic records, notaries may notarize the documents as true and exact copies of originals. Specific information is found in the Acknowledgment Section of the Notary Handbook (pdf, 152 k) or (rtf, 436 k).
International Authentication – Corporate Use

In order to conduct business in other countries, certain documents are required by foreign governments.

Documents may include Certificates of Good Standing, Articles of Incorporation and Corporate Amendments and Resolutions. They may be obtained through the State Corporation Commission. These documents will bear the signature of the Clerk of the State Corporation Commission and do not need notarization. To obtain these records, contact the Clerks Office in the State Corporation Commission at (804) 371-9733. All other documents pertaining to international business must be notarized following the handbook procedures.
For further information/mailing address:

Betsy Anderson
Director of Authentications
Office of the Secretary of the Commonwealth
1111 East Broad Street, 4th Floor
Richmond, Virginia 23219
(804) 786-2441

or use our Inquiry Form"

Impostor Notary

2009-10-30T20:35:00.000-07:00

From the VA Notary Handbook:
Impersonation of a Notary
"If a person who is not a notary attempts to notarize a document, or otherwise acts as a notary without authority, the impersonator may be found guilty of felony charges.

It should be noted that notaries whose commissions have expired and persons who have not yet received a commission do not have authority to act as a notary. A valid commission is necessary to perform any notarial act."

Employers need to check the notary appointments of all employees who are doing notarization. The VA Notary Handbook clearly states:

"Liability of the Notary’s Employer
The employer of a notary may be civilly or criminally liable for certain acts. The employer may be liable for damages caused by the notary’s official misconduct if:The misconduct was performed as part of the notary’s employment The employer knew about the misconduct, or should have known about it Any employer who encourages, threatens, or otherwise intentionally causes an employee to violate the notary laws may be found guilty of a misdemeanor "
Employers of notaries need to read United States v Park, 421 US 658 (1975) for their liability if they fail to take corrective action an employee notary engaged in criminal actions.

All VA notaries have been assigned a number and that number is generally on their individual stamp. VA will issue a document called an Apostle for a fee of $10 verifying the person is a VA Notary. I will never give anybody a copy of my appointment nor would I recommend any VA Notary give any client a copy. Employers are entitled to see the appointment. Because the copy of my appointment could be use to requisition notary supplies, I keep my appointment paper in a secure location.

If VA refuses to issue an Apostle because the VA notary number is not in the system, I would urge the individual to notify the VA State Police. Va State Police can be contacted on your cell phone #77 or 804-674-2000 or through their web page http://wwww.vsp.state.va.us/contact.shtm Impersonation of a VA Notary is a serious felony.

VA Notaries do not perform marriages or do fingerprinting

2009-09-17T20:37:00.000-07:00

Va notaries are barred from performing marriages. Marriage Celebrants appointed by a VA Circuit Court are allowed to marry individuals within the jurisdiction of the Circuit Court. Other states do allow notaries to marry individuals; VA notaries need to lobby the VA legislature for a change in the VA Code. One person was visiting from Florida and ask me to perform her marriage ceremony. I explained to her that celebrants, not notaries, performed marriages in VA.

Notaries are not authorized to do fingerprinting in VA. Sheriff and Police departments offer fingerprinting service to their respective residents. Some states require notaries to fingerprint signers. Va does not. Aggressive examination of government issued id is what VA notaries should be doing. I requested addition id from an FBI agent who was wearing his FBI badge when his VA driver's license did not quite look like him. He had like many Virginia residents had renewed his VA driver's license on line for several years. His official FBI ID with photo looked like him. .Va has a new driver's license which will make all VA very happy.

The Dillon Rule and VA Notary Standards

2009-08-31T21:13:00.000-07:00

Dillon Rule is best explained by Kindler writing in the Blue Commonwealth

"In a nutshell, the Dillon Rule prevents local governments in Virginia from exercising all but the most basic powers, except when expressly granted by the state legislature - thereby preventing our local governments from taking necessary, locally-appropriate actions unless and until our famously conservative General Assembly gives them permission to do so. (In many cases, fat chance of that.)

But this is not simply a Virginia rule, but one with a national, 100-year-old pedigree. The Dillon rule has applied nationwide since 1891, when the Supreme Court adopted the reasoning of one Federal Circuit Court Judge named John Forrest Dillon in a case affectionately known as Municipal Corporations. "

The VA Notary needs to to know that local entities can not develop notary standards. The VA code and the VA Notebook sets the standards for VA notarization.Some entities try to establish their standards; however, private attorneys are reluctant to protest these standards since frequently these entities have legitimate power over other issues. Clearly, what is a needed is an efficient mechanism where VA can order n VA entity to accept a properly notarized document!!!

VA Notaries can swear in Federal Employees

2009-08-02T21:24:00.000-07:00

When a federal employee begins employment with agency or changes from one federal agency to another federal agency the employee is required to be sworn in. This is accomplish by a federal affidavit that is filled in by the employee and Va notary swears the employee in doing a jurat and filling in the location, date, signing the form and stamping the affidavit with the notary stamp showing commission expiration date, and appointment number. The literature is not clear whether a state notary can swear in a US President. However, a US President is a federal employee and I have concluded that a VA notary in VA could swear in a US President using the standard federal employee affidavit. However,I do not thing this issue will before any VA notary anytime in the future.

As I have clearly said in an earlier blog entry, all VA notaries are authorized to swear in witnesses for depositions on federal property located in VA

No Changes in VA Notary Law

2009-07-05T20:57:00.000-07:00

A check of the internet and the web of the Secretary of the Commonwealth of VA shows no changes. Electronic notarization remain in limbo since the standards have not been approved and no notary has been appointed as an electronic notary. A special appointment is needed to become an electronic notary. As I have stated earlier, I do not expect electronic notarization to be common even if standards are approved and notaries are commissioned as electronic notaries.

I am very impressed with some couples

2009-06-26T21:21:00.000-07:00

I am very impressed with some couples. I meet couples who are bravely standing by and helping a very disabled or ill spouse. Va law is very clear. All spouses are 100% disposable by reason of divorce anytime and for no reason. During my notary travels, it is wonderful to meet these loyal couples. Divorce is necessary at times. As I have stated earlier, when a spouse sends a torpedo into marriage, press the ejection button and get on a new airplane, Do not get angry. I am also seeing couples have come to an agreement to go their separate ways. I am pleased to notarize their agreement so they both can have a new beginning.

Does the Notary need to check the government photo id of the Witnesses?

2009-06-26T21:07:00.000-07:00

I record and check the government photo id of witnesses. Furthermore,I sign them into my book. This is required if the notary certificate includes the names of the witnesses along with the signer(s). However, I do this regardless of what the notary certificate says. The client is not and should not be charged for this extra work. If there is controversy later, I have a record the witnesses in my notary journal.This may be redundant since many drafter of wills and power of attorney documents require the witnesses to put their name & address. Maybe it would also be good idea of signers and witnesses to also write down their email. People move. A very good British friend moved but I tracked him down since I had his email. People sometimes keep the same email for years.

Opening a litigation File on a Non Paying Client

2009-06-11T20:31:00.000-07:00

On June 6, 2009 I did 27 notarizations in Springfield VA. The agreement was $5 per notary act plus travel ($25). The representative of the affluent wealthy civic association has refused to pay the $160 and there appears to be no administrative remedies. Consequently, the options are to bill each signer independently or litigate against the the unincorporated entity that does not appear to have an registered agent.
The first step after opening the litigation file is to document all communications and identify all parties and witnesses. After giving notice of the breach contract, one needs to thoroughly check the background from public records civil and criminal.Once the decision has been made to litigate, request for admissions, bill of complaint (warrant in debt) interrogatories, request for production of documents and possible depositions. Deposition sites need to be located. Modern technology is such that deposition can electronically recorded. Before one launches a litigation, one must be totally prepared with written briefs supporting your case. If I want to alert the media so the issue will receive appropriate coverage.Certainly, the smaller media outlets may have interest in a notary who did not get paid by wealthy Springfield Homeowners Association that will benefit thousands of dollars by a successful rezoning case.The bad news for the defendants is that I am GW trained legal assistant with extensive legal ability.

Celebrity Clients

2009-06-11T08:48:00.000-07:00

The notary needs to check the government photo id of all celebrity clients even if the notary thinks they are public officials like Mr. and Mrs. Obama. A very famous soap star moved from Florida to Virginia and left her government photo id in Florida. She had plenty of newspapers articles with her picture and she was clearly known to millions over the years. The presiding notary declined to notarize her signature until the photo id arrived from Florida. While the presiding notary was perfectly correct in declining to notarize, other options might have used. Two people with photo gov id who know the person and have no interest in the document could have been used. Alternatively, one person with id who is known to the notary and who knows the individual and has no interest in the document could have been used. However, both options should be used infrequently. If President Obama and Michele Obama need notarization in VA, I will definitely check their government photo id. The presiding notary has the absolute right to say no and there is no appeal from the presiding notary.

Clients are all members of the board

2009-06-11T08:40:00.000-07:00

When the clients are signing as members of the board of an entity, this must be specified both in the signature line and in the notary certificate. The notary is not responsible to check the corporate documents to prove they are all members of the board. However, the notary must check the government photo id of member and have them sign your notary book. The notary could do a jurat and ask each member to affirm his/her membership on the board. The notary could also simply ask the individual to affirm that he/she is a member of the board.

Cash only!!!

2009-06-11T08:34:00.000-07:00

Another mobile notary told me of several times checks bounced and the people could not be found or/and moved out in the middle of the night. Clearly, this is another form of non payment of notary fees with no easy remedy. This has not happened to me yet and I do not take credit cards. Cash only is now my policy unless I am dealing with an establish corporate entity or someone I known for a long time. Cash only is an excellent policy for all notaries!!!!!!!

Client is 90 years old and has an old VA non-drivers ID

2009-06-09T19:23:00.000-07:00

The client has an alert 90 year old mother with an old Va non driver's id. The son request notarizations. After interviewing and examining the Va non drivers photo id, examine all other cards the person has. Swearing in two credible individual with id and no interest in the document and having the witnesses say under penalty of perjury that Mother(Jane DOE) is Mother (Jane DOE) is a viable extra step.Record all witnesses and signer in your book. No charge for swearing in the witnesses.

Conflict of Interest!!!

2009-06-09T19:11:00.000-07:00

If the notary lives in a community applying for rezoning the notary will benefit directly or indirectly the notary can not notarize the documents that will be filed with the County zoning department. While the notary may be liable for sanctions for the notarizations it is not clear whether the notary's conflict would invalidate the notarizations. A notary who used to live in the community but does not now and does not own property in the community does not have a conflict of interest. Reputable banks call in outside notary when safe deposit boxes are opened and inspected after non-payment occurs. They do this to avoid any appearance of conflict of interest. The Va Notebook says the following:
Under the Virginia Notary Act, a notary may not perform any notarial act with respect to any document if:
The notary is a party to the document
The notary’s spouse is a party to the document
The notary or his or her spouse has a “direct beneficial interest” in the document
Notaries should not notarize any document when there is any possibility that the contents of the document will benefit them or their spouse. Notaries may notarize wills in which the notary is fiduciary. Notaries must NEVER notarize wills in which they are named beneficiaries. If you are uncertain about the difference, please consult an attorney before notarizing

Incomplete Notary Certificate or Absent Notary Certificate

2009-06-09T12:41:00.000-07:00

Frequently notaries are confronted with document with no notary certificate or incomplete notary certificate. Like most Va notaries, I carry a stamp with all the element of both jurat and acknowledgment notarization and a stamp for exact copies. However, in the future if confronted with multiple notarizations that have incomplete notary certificates, I will decline the notary job. Some people do not appreciate what a correct notarization certificate looks like. If two or more people are signing a document, the notary certificate should could contain all the names.The alternative is to have each person have each individual notary certificate and this does increase the cost of notarization. In the absence of hardship cases, I think clients can afford this best option. Walk away if the client thinks he /she can boss you around. One notary told me of client who became very belligerent when the notary correctly refused to notarize a birth certificate!!!!!!Get all major jobs in writing or collect from each individual signer

Client has Aunt Jill 's Power of Attorney

2009-06-09T12:33:00.000-07:00

The client says I have Aunt Jill's power of attorney but it is in a safe box in Florida and the notary and client is in Springfield VA. No notarization!!!!!!The notary would personally see the power of attorney. If Aunt Jill is available, competent and has government id, Aunt Jill can sign and be notarized!!!!!

Breach of Contract Non Payment of Notary Fees

2009-06-06T20:03:00.000-07:00

Facts:A representative of an extremely wealthy homeowners association in Fairfax County contracted with me to notarize their member homeowners on documents to be filed in Fairfax County.The rezoning may create a thousands of dollars of profit when the wealth homeowner sell their homes!!!!! The agreement was $5 notary act and $25 travel. I completed 27 notary acts. I also agreed to be there between3pm-7pm In many of these cases I had to check 2 people's government id since they were signing as joint owners.I told the representative my bill was $160. This fee is consistent with guideline of the VA notary handbook She presented me with a check substantial lower and I have decided to not process the check.
Discussion:This has not happened to me personally in the past. Notary signing agents regularly complain that they are not being paid by mortgage companies. Clearly, there is a situation that needs to remedied. Unfortunately, the remedies are limited. Exhaustion of Administrative remedies is limited to contacting the attorney or registered agent of the corporate wealthy homeowners association The agreement of representative of the wealthy homeowners association can easily be imputed to the wealthy homeowner association. Fairfax County will be disinterest in the dispute. The only other remedy will be the Fairfax General District Court since a wealthy corporate homeowners association may not be sued in Small Claims Court. Limited discovery is allowed in General District Court. Notary signing agents may want to explore this link http://www.123notary.com/howto-get-paid-signing-agent.htm
The Commonwealth of Virginia will not get involved with notaries collecting fees. In the future each person should pay the individual notary fees since I can no longer trust very wealthy home owner associations to pay my fees nor should any other notaries working in zip code 22151. You can collect you travel fee on arrival from the entity that requested your services.
Conclusion: While I do have written communication via emails, I think a more formal contract for multi-notarizations is a good idea. However, a better idea is to collect the notary fees from each signer. Legislation needs to be passed to make it a crime to assault, threaten or defraud a notary. Notaries are public official who need to be protected from the occasional errant adult juvenile delinquent!!!!! Clearly this very wealthy homeowners association needs to be given a major legal message.

Who is the client?

2009-05-11T08:28:00.001-07:00

VA notaries requires government issued ID with photo to be used for identification. However, the photo on the driver's license may be significantly different from the client due the age of the photo, health changes of the client or the client is not the client. Recently, I was confronted with this situation. I requested additional ID and was presented with Canadian passport and Green Card with photo. Clearly, the client was the client.
I notarized an elderly client in a nursing home. She had a non driver VA ID with photo but the photo was old. After viewing various other items I concluded the client was the client. Another option would have two persons with ID with photo that did not have an interest in the transaction swear that the client is the client. However, I think that should be rarely done
All VA notaries have absolute authority to refuse a notarization if they have concerns about the identity of the signer. I do not go to the Fairfax Adult Detention Center. I would be totally clueless on how to sort through multi-identities of some of the residents. The Fairfax Detention Center has notaries on staff who are more familiar with their clients than I am.

Void Notarization vs Unaccepted notarization

2009-05-05T21:51:00.000-07:00

A void notarization: 1) one done by non notary 2) one done with the signer not present 3) one done by by a vegetative client incapable of communicating with the notary or 4) a totally missing notary notarial certificate. An unaccepted notarization is one where one or more elements of the notarial certificate are missing. The missing elements can only be corrected by the original notary!!!Otherwise, the document needs to be reprinted and re notarized provided the signer is still competent and willing to sign. Va now require notaries to have a reproducible seal. However,a notarization done prior to this requirement are valid!!!!VA has assigned a number to each notary. Again notarization done prior to this requirement are still valid.VA also require all notaries renewing their commission to sign exactly the same name that appeared on their driver's license. Prior notarization are still valid and acceptable. Some countries require the notary commission to be valid through the term of the adoption process. The requirement is not a VA requirement and does not void the notarization or make the notarization unacceptable. However, this causes a client to shop around for a notary whose commission is not about to expire.

VA is not a State;it is a Commonwealth

2009-05-04T21:11:00.000-07:00

Va is a Commonwealth not a State. This error will not void the notarization; however, the notary is solely responsible for stating the location of the notary act. No I do not waste my time notifying the various entities that get confused about this. Commonwealth was considered to be a friendlier form of government than a State.

When does VA DVM require notarization?

2009-05-04T21:01:00.000-07:00

Normally, VA DMV does not require notarization for transfer of a title.However when you are buying a vehicle and paying less than the blue book value, you need go to a VA notary to get a jurat statement indicating the price you paid. Remember never lie to a VA notary. If you make a false sworn statement to a VA notary you are subject to criminal charge of perjury. Generally, if I get a call about VA DMV I am not needed. However in the case of PA and MD DMV a notary is needed if the vehicle is sold in VA

When does yes mean no!!!!

2009-05-01T12:20:00.000-07:00

I had an elderly client who had signed my notary book and presented her VA ID to me.The two witnesses were present and I had determined the client know what she was doing. She then said no.Clearly yes meant no and I entered the not notarized into my book. There is a lesson here. Get the power of attorney done as earlier as possible People do age and they still have the right to say no. In this case it was a revocable power of attorney and the person requesting her to sign the document had been looking after her affairs for years.

Is there a notary lesson from Natasha Richardson death?

2009-03-18T23:39:00.000-07:00

Notary Lesson: Persons should not delay getting wills, trust, power of attorney document and medical directive drafted and notarized. Life can be very fragile and end unexpectedly as was the case with this much admired individual. She will missed by all !!!!

In this May 5, 2008 file photo, actress Natasha Richardson arrives at the AP – In this May 5, 2008 file photo, actress Natasha Richardson arrives at the Metropolitan Museum of Art's …

* Actress Natasha Richardson dies at 45 Slideshow:Actress Natasha Richardson dies at 45
* Natasha Richardson dies after fall on ski slope Play Video Video:Natasha Richardson dies after fall on ski slope AP
* Ski Safety: Calls For Mandatory Helmets Play Video Video:Ski Safety: Calls For Mandatory Helmets CBS 2 New York

NEW YORK – Natasha Richardson, a gifted and precocious heiress to acting royalty whose career highlights included the film "Patty Hearst" and a Tony-winning performance in a stage revival of "Cabaret," died Wednesday at age 45 after suffering a head injury during a beginners' ski lesson.

Alan Nierob, the Los Angeles-based publicist for Richardson's husband Liam Neeson, confirmed her death in a written statement.

"Liam Neeson, his sons (Micheal, 13, and 12-year-old Daniel), and the entire family are shocked and devastated by the tragic death of their beloved Natasha," the statement said. "They are profoundly grateful for the support, love and prayers of everyone, and ask for privacy during this very difficult time."

Virginia Notaries do not write or produce divorce documents!!

2009-03-17T23:36:00.000-07:00

Non-lawyer notaries are not allowed to produce or write divorce documents. However, notaries are authorized to do jurats affidavits regarding divorces and acknowledgments on property settlements. Both the law library at City of Alexandria Circuit Court and Fairfax sell a $10 kit for uncontested divorces. Notaries can also notarize documents involving proof of service by a process server. However, the notary can not be the process server and notarize the document. I strongly recommend anyone using these kits to have the final document reviewed by a licensed member of the VA Bar. Mediation of divorce issues is recommended; the mediator can not notarize the agreement. People who are being threatened with divorce are encourage to get involved with marriage encounters.http://www.wwme.org/new.html>Sometimes one partner will sent a torpedo into a marriage that destroys the marriage.Think of yourself as fighter pilot hit by a enemy rocket;press the ejection button for both pilots. Get on another airplane with another co-pilot!!! . Do not get angry, get a divorce!!!!!

When is it too late to notarize a person's signature?

2009-02-19T21:43:00.000-08:00

When a person is ill and can not communicate with the notary, it is too late for notarization. Even if the person makes a mark on the document, the resultant notarization is invalid since the person could not communicate with the notary despite the the fact that the person had a valid id. Some lawyers thinks notaries are dudes with a stamp. I resent this disrespect of a public official who has a direct appointment by the Governor of the Commonwealth of Virginia. I have been accused by more than one lawyer of being a very involved notary. I plead guilty.

In the above case where the client is too ill, a person who has a valid power attorney who is not a beneficiary may sign. However, the notary clearly notes that John Smith has power of attorney for Betty Jane when John Smith signs for Betty Jane. Some documents require the notary do a jurat for John Smith in addition to doing an acknowledgement

I strongly recommend not to delay calling in a notary when the person is confined to a nursing home or medical facility. Delay may result in it being too late for any notary to notarize the person signature due a change in the person's condition!!!!

The Notary is not the other witness!!!

2009-02-19T21:28:00.000-08:00

The notary sometime is asked to be a witness in additional to being the notary. The notary is the notary and not the other witness!!!!Politely decline and suggest the call a neighbor or friend. Though I am not required to check id of the witnesses, I do record all the witnesses information and their signatures in the book which I am not required to have. I do not charge for this service!!!When confronted with blank no witness, the client puts a line so it is clear that no witnesses gets added later. Sometimes the language of the document indicates that you are in fact notarizing the witnesses. Clearly, the notary can not notarize his (her) signature. In summary, the notary is the notary and not another witness.!!!!!

Satisfactory Evidence of Identity in VA

2009-02-12T12:27:00.000-08:00

From the Virginia Notary Handbook:
"Satisfactory evidence of identity" means identification of an individual based on (i) examination of one or more of the following documents bearing a photographic image of the individual's face and signature: a United States Passport, a certificate of United States citizenship, a certificate of naturalization, an unexpired foreign passport, an alien registration card with photograph, a state issued driver's license or a state issued identification card or a United States military card or (ii) the oath or affirmation of one credible witness unaffected by the document or transaction who is personally known to the notary and who personally knows the individual or of two credible witnesses unaffected by the document or transaction who each personally knows the individual and shows to the notary documentary identification as described in subdivision (i).

VA Notaries can do Notary Protests but should not!!!

2009-02-12T11:48:00.000-08:00

VA code does authorize notary protests. A notary protest is allowed in some states and involves financial transactions. Even in states where it is allowed, the notaries are discouraged from doing a notary protest unless the individual has extensive experience in financial matters.After reading Oregon's protesting commercial paper http://ww.filinginoregon.com/notary/currenttopics/protesting.htm and the National Notary Article Notarize a Protest http.www.nationalnotary.org/news/index.cfm?text=newsnotary&ne...,I have concluded VA notaries should not do notary protests unless they are directly supervised by a lawyer very familiar with banking law!!!!!!!

Extending VA Notary Hospitality to North Carolina

2009-02-05T20:02:00.000-08:00

Extending VA Notary hospitality to North Carolina is possible. North Carolina requires that the notary's name be printed under the notary's signature. VA Notary Handbook states:
"If a notary’s handwriting is not legible, it is good practice to add his/her name, in printed form, under the signature. Please note that dark blue or black ink is preferred for recording purposes in court."

Consequentially, VA Notaries can extend notary hospitality to North Carolina on documents notarized in VA and going to North Carolina.

VA Standards for Copy Certification

2009-02-05T18:24:00.000-08:00

This is from the Va Notary Handbook:
"Copy certification" means a notarial act in which a notary (i) is presented with a document that is not a public record; (ii) copies or supervises the copying of the document using a photographic or electronic copying process; (iii) compares the document to the copy; and (iv) determines that the copy is accurate and complete.
Va notaries can not do the following: The VA Notary Handbook states:
"Virginia notaries are not authorized to certify true copies of birth, death, or marriage certificates. Only the Division of Vital Records/Statistics may perform such a certification."
Do not expect me to certify an exact copy that I did not make or was not supervising the copying!!!!!!Do not call me if you are not prepared to follow the dictates set forth by the VA Notary Hand book!!!!!!!!!

Mystery Shopper Scam Alert for all people

2009-02-01T11:32:00.000-08:00

I personally was confronted with on Craiglist dc I was sent 4 money orders made out for $850 each. I turned them over to the Fairfax Police Department VA. The sender wanted me to wire $3000 to them and evaluate the wire service and make a purchase at walmart. I determined that the money orders were not real!!!!!!!

National Notary Now » Article
National Notary Now

Watch Out For Mystery Shopper Scams

National Notary Now Issue # 114 — January 2009

With times being leaner for everyone, many Notaries are looking for new kinds of work to supplement their incomes. However, the Nevada Attorney General’s office recently warned consumers about ads claiming to hire “mystery shoppers” that are actually a scam to cheat applicants.

Nevada Attorney General Catherine Cortez Masto recently issued an advisory about the scam, which hires victims to evaluate a money transfer service as “mystery shoppers.” The grifters send authentic-looking business or cashiers checks with a face value of up to several thousand dollars, then ask victims to deposit the checks into their accounts and wire a portion of the “funds” to a designated address while keeping the “balance” as payment. When the check inevitably bounces, consumers are out both the money they wired and any fees for the overdraft.

Examples of genuine mystery shopping involve activities such as visiting a business to perform normal activities like purchasing products and then providing feedback on the experience. To avoid scams, the Mystery Shopping Providers Association has a Web site (www.mysteryshop.org) with information on how to locate legitimate companies for work opportunities. The MSPA states on its site that legitimate companies will never promise large sums of fast cash or require consumers to pay an up-front fee to become a mystery shopper.

publications@nationalnotary.org

Your Notary client has the mercer bacterial infection

2009-01-22T18:15:00.000-08:00

Some notaries may decline to enter the room and leave without notarizing. No one will fault you. Mercer bacteria can be deadly and there are few antibiotics that will kill the bacteria. If you decide to enter the room, you need to take the following precautions:
1. Wash your hands before entering and after you you leave.
2.Put on disposable gloves before entering the room.
3, Put on a disposable gown.
4. Va does not require a log book signature - leave your notary book and supplies outside the room.
5. Put on a disposable mask and preferable a disposable cap.
6. Observe the signing after determining the identity of the individual and determining that the client understands what is being signed.AS you are leaving the room , remove mask, gown, gloves, and hat and place them in the proper receptacle.
7.Complete your notarization and stamping and entry into you book outside the room and make note why you did not have the client sign the book.
More info go to http://www.staph-infection-resources.com/faq.html#mercer

The School System is violating your client's civil rights?

2009-01-08T18:28:00.000-08:00

During a notarization you discover that the local school system is possible violating the civil rights of your client in a non criminal manner. Do you call Va Dept of Education 1804-225-2618 Notaries are not Judge Judy, Dick Tracy, Raymond Burr, or Perry Mason. You complete the notarization: no further action is necessary!!!!!You refer the client to the Va Dept of Education where there is a person assigned to investigate civil rights violations!!!You can also refer them to the U.S. Department of Education:

The OCR National Headquarters is located at:

U.S. Department of Education
Office for Civil Rights
Customer Service Team
400 Maryland Avenue, SW
Washington, D.C. 20202-1100

Telephone: 1-800-421-3481
FAX: 202-245-6840; TDD: 877-521-2172
Email: OCR@ed.gov

Are Supervisors of Notaries Criminal liable for the criminal acts of the notaries they supervise?

2009-01-06T21:00:00.000-08:00

US vs Park, 421 U.S. 658 (1975) http://supreme.justia.com/us/421/658/ held that supervisor of a lower echelon employee could be held liable for the criminal misconduct of the employee if the supervisor did not take corrective action once the supervisor discovered the misconduct. The decision only applies to criminal actions,not civil matters. Clearly supervisor of notaries need to be watchful of their notaries.However,this would also apply to a school district executive who failed to take corrective action once embezzlement was discovered by the executive. A Principal who discovers an Assistant Principal engaged in obstruction of justice or witness tampering would required to take corrective action to avoid criminal prosecution. Once state prosecutor discover this decision they could turn into pit bulls with law licenses when they are dealing with criminal misconduct of notaries and their supervisors who failed to take corrective actions of the criminal misconduct of the notaries they supervise!!!!
The VA Notebook says the following:
Liability of the Notary’s Employer
The employer of a notary may be civilly or criminally liable for certain acts.
The employer may be liable for damages caused by the notary’s official misconduct if:
The misconduct was performed as part of the notary’s employment
The employer knew about the misconduct, or should have known about it
Any employer who encourages, threatens, or otherwise intentionally causes an employee to violate the notary laws may be found guilty of a misdemeanor.

DO NOT LIE TO A NOTARY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

2008-12-11T18:53:00.000-08:00

VA Notaries are authorized to take sworn statements from individuals and document that the person has affirmed the statements under oath. Willfully lying to a notary while under oath is a crime. Furthermore, lying during a deposition when you have sworn to tell the truth is a crime. The former mayor of Detroit has been convicted because he lied to a notary. A notary is not a dude with a stamp.The notary is a public official appointed by the Governor for a specific term.

Checking the ID Of Your Ninety Year Old Client

2008-11-21T14:04:00.001-08:00

Checking the id of your ninety year old client can be challenging, Yes the client has a government issued picture id. However, the picture is old and it is difficult sometimes to determine if that picture is really the client. You can have someone known to the notary with their own id swear under oath that the client is indeed Jane Smith. Additionally, visit my blog entry NO ID NO Notarization? However, you can also check what cards the client has with the name on it. Power of attorney document with very broad authority need to be approached cautiously. Furthermore, make sure the client understands the document and trust the person who is getting the power of attorney

All Notaries Need to Contact the VA Legislature RE Electronic Notarization

2008-11-13T18:18:00.000-08:00

All notaries need to contact the members VA legislature as soon as possible in regards to the stalemate on electronic notarization. The electronic notarization law got passed and was suppose to go into effect July 1,2008. However, the executive branch stated that standards had not been set for electronic notarization. The members of the VA legislature need to be encouraged to determine what standards need to be set. I am personally cautious about electronic notarization. The person still needs to appear before the notary!!!!However, a device is inserted into the computer in some states. If this device is lost or stolen, this could be huge possibility for fraud. In all probability, only notaries with huge corporate account where major filings occur will be using the electronic notarizing even when the legislature sets the standardss. The blog on the right side has a link to the VA legislature.

ROLE OF THE NOTARY NOTARY DURING THE NOTARIZATION

2008-07-05T08:15:00.000-07:00

DURING THE NOTARIZATION, THE NOTARY, NOT THE LAWYER, IS IN CHARGE. THE LAWYER IS LIMITED TO ANSWERING LEGAL QUESTIONS FROM THE CLIENT. THE NOTARY IS LIKE A HARBOR PILOT GUIDING A LARGE VESSEL TO THE DOCK. WITH THE NEW CHANGES IN VA LAW, I THINK MANY INSTITUTIONS WILL CURTAIL THEIR NOTARY OFFERING SINCE THERE IS A CLEAR CRIMINAL LIABILITY FOR SUPERVISORS OF NOTARIES IF THE NOTARY DOES SOMETHING ILLEGAL. WHEN STATE PROSECUTORS DISCOVER US VS PARKS, THEY WILL TURN INTO PIT BULLS WITH LAW LICENSES!!!!

REPRODUCIBLE NOTARY SEAL MUST BE USED BY ALL VA NOTARIES AS OF JULY 1, 2008

2008-06-27T08:44:00.000-07:00

AS OF JULY 1,2008, ALL VA NOTARIES MUST USE A REPRODUCIBLE SEAL WITH NAME, APPOINTMENT NUMBER & COMMISSION EXPIRATION DATE. THIS IS A MAJOR DEVELOPMENT SINCE VA HAS NOT REQUIRED A SEAL IN THE PAST. THIS IS A MAJOR REASON TO KEEP YOUR NOTARY SEALS UNDER LOCK!!!!! Visit my web site http://Stephenhhoffman.vpweb.com

Important Changes For All VA Notaries To Know

2008-06-26T21:21:00.000-07:00

"Here are some important changes in Virginia law that will be effective July 1, 2008:
• You may notarize a document without the notarial certificate being on the same page as the signature(s) being notarized, however the notarial certificate must include the name(s) of each person whose signature is being notarized.
• You must now affix a sharp, legible, permanent, and photographically reproducible image of the official seal near the notary’s official signature on the notarial certificate on a paper document" There are now significant criminal consequences for both notaries and supervisors of notaries for criminal misconduct!!!!!

Are Court Reporters going to become antiques?

2008-06-16T18:15:00.000-07:00

In order to answer this question one needs to briefly point out that the slide rule became obsolete when the hand calculator arrived in 1975. As computers become smaller, the electronic calculator will become antiques. Depositions can now be taken electronically with a microphone attached to a laptop and electronic recorder is used as a backup if the laptop malfunctions. A notary administers the witnesses oath. Software exits that put the sound into printed word. As the older judges get replaced by more savy technology judges, only the notary public will necessary. No court reporters needed.

Can a newly appointed notarize without a seal stamp?

2008-06-15T19:51:00.000-07:00

A newly appointed VA notary told me he could not notarize any documents because he had not ordered his stamp. After July 1 2008,Va Notaries are now required to have reproducible seals. If a notary does notarize, the notary must sign the document,state clearly whether the notary did a jurat or acknowledgement,check the client's government photo id,determine if the client is cognisant of the document's content, write down the notary's commission expiration date, write down the location of the notarization (county or town Commonwealth of VA), write down the notary appointment number on the document, write down the date of the notarization, most important, the notary client needs to sign the document in the presence of the notary!!!!!!!!!!!!!It is highly recommended you have the client sign your notary book first and record the type of government photo id presented. You are required to have a notary seal asof July1, 2008 . If the client does not have a government photo ID, read my blog entry "No ID No Notarization?".

Changes in VA Notary Law effective July 1,2008

2008-06-09T21:18:00.000-07:00

VA Notary Public class eNews is reporting the following:2008 Changes In Virginia Notary Law
Several changes will go into effect July 1, 2008

Notaries will not receive individual notifications of this year's changes. The changes will be posted to the Notary Registration Home Page at the end of June. courthouse

Expect to see changes in the following:

Notary application - the recommendation process is changing.

Loose certificate change - Currently notaries are required to notarize on the same page as the signer. Effective July 1, 2008 : The law says under prohibitions: Notarize a signature on a document without notarial certificate wording on the same page as the signature unless the notarial certificate includes the name of each person whose signature is being notarized.

Meeting other states requirements?

2008-06-07T19:57:00.000-07:00

Only the Commonwealth of VA sets the standards of notarization in Virginia. No, VA notaries do not need to meet the requirement of other states. Va Notaries need to comply with the newest VA notary Hand Book available on line; a reproducible seal is now required as July 1, 2008!!!!!!!

When should a notary flee from an assignment?

2008-06-03T17:47:00.000-07:00

The notary should flee from an assignment when any overt or direct threat is made to notarize a document. If the document signer has signed the document and left before you arrive, you need to flee the assignment. If the proposed signed is impaired or there is any indication of fraud, the notary needs to flee the assignment. While conducting a deposition, you need to pack up and flee if there is a direct threat against you. If you think the deposition might get out of had, arrange for security to monitor the deposition. If someone exhibits offensive behavior based on race, gender, religious orientation, disability, or age, do not respond but you can take notes; be prepared to leave. Do not confront the person. The notary is not John Wayne or Judge Judy. Respective counsel have sole responsibility to report offensive conduct to the judge or administrative law judge supervising the case.

Jurat vs Deposition The Role of Notary

2008-06-03T08:51:00.000-07:00

By administering the oath to a client, you are establishing the fact that the client was sworn in while affirming the truthfulness of the document.If you have any questions on the truthfulness of the proposed signer, you are obligated not to proceed. Intentionally doing a jurat when you believe the document is false could make you a target for the pit bulls with law licenses (federal prosecutors). Administering the oath during a deposition does not create that liability. The witness can proceed to say the earth is flat, the moon is made of cheese and martians are living in his woodpile at his house. The notary is not Judge Judy, Raymond Burr, Dick Tracy, or John Wayne. The sole responsibility is the respective counsel to deal with witness conduct

Role of VA Notary in Depositions

2008-06-02T15:59:00.000-07:00

The VA notary is neutral person administering the oath, turning the recording machine on and off, writing down starts and stops. The notary is not Judge Judy, Perry Mason, John Wayne, or Raymond Burr. If one of the parties is frustrating the notary by making it very difficult for the notary to get into a building controlled by the party, it is the sole responsibility of the other party to notify the administrative judge of this matter!!!!!

Is Telephone Notarization Legal?

2008-05-27T18:28:00.000-07:00

A person must appear in front of a notary. Even with the advent of electronic notarization, the person must appear before the notary. Telephone notarization is totally illegal and could make the notary a target of pit bulls with law licenses, federal prosecutors!!!

Deposition and Notary

2008-05-27T16:28:00.000-07:00

Virginia notaries are allowed to administer the oath to the person being deposed. Va notaries can do this on federal property located in VA. Instead of written transcription , the deposition can electronically recorded by a microphone to a computer; counsel or pro se litigant can give opposing parties electronic disk copies.

No Legal Holiday for Notaries

2008-05-26T07:50:00.000-07:00

There is no legal holiday for notaries. Though notaries are public officials, they are authorized to notarize every day of the year.

Presumed Not Neutral

2008-05-16T14:27:00.000-07:00

Va notaries are barred from notarizing of their spouses. Clearly, the notaries know who their spouses are; notaries need to be neutral parties in the notarization. Notaries are presumed not neutral towards their spouses.

Clueless Notary?

2008-05-15T18:37:00.001-07:00

A VA notary who fails to check the government ID of a client the notary does not know or does not write the notary number down or fails to state whether the notary act was an acknowledgment or jurat or fails to state the ss or date is a clearly or fails to have a reproducible seal is a clueless notary.

Notary Supplies

2008-05-11T17:57:00.000-07:00

VA notaries only need a pen,their commission expiration date, a reproducible seal (effective July 1, 2008) , and appointment number to legally notarize in VA. Private companies sell seals, crimps, and notary stamps to notaries. Even if a business bought the notary supplies, the business does not own the notary stamp or seals. If the notary leaves, the notary needs to take the notary seals or stamps or destroy them. A business employing the notary can not require the notary to turn the fees collected by notary over to the business.Frequently, the business does not charge for the notary service.

Notary Fees

2008-05-11T17:52:00.000-07:00

If you go to a business, the notary can charge you the notary fee authorized by VA. However, the employer can not require the notary to turn the fees over to the employer!!!!!

Unlimited Liability for Credible Witness

2008-05-09T11:55:00.000-07:00

If a credible witness is negligent or fraudulent in providing the identification of a proposed notary client,that witness would have unlimited liability; if the act is fraudulent, the credible witness could become a target of the pit bulls with law licenses, federal prosecutors. I rely on government ID with photo. It would be an unusual situation where I would use the credible witness for ID of a client.

U S citizenship required?

2008-05-09T09:23:00.000-07:00

Va notaries do not need to be US citizens due to long standing U S Supreme Court decision. A green card and living or working in VA is the requirement

Unlimited Liability of Notary's Employer

2008-05-08T15:22:00.000-07:00

IF a notary is negligent in notary practices while employed by you, your business could have unlimited liability. If you are involved with fraud involving notarizing, you could be targeted by the pit bulls with law licenses, federal prosecutors.

Comatose/Unresponsive Individuals

2008-05-05T18:10:00.000-07:00

Comatose or unresponsive individuals can not be notarized despite the pressure of family members or the willingness to give exurbanite fees to the notary. The family needs to petition the appropriate court for a power of attorney.

Should VA notaries be allowed to do marriages?

2008-05-05T18:03:00.000-07:00

Three states allow notaries to do marriages. VA does not.If you think VA notaries should do marriages, contact VA senators and members of the House of Delegates to get the law changed.Visit http://legis.state.va.us/ let them know your opinion!!!!

Complete Agreement

2008-05-05T17:54:00.000-07:00

Several times I have notarized documents entitled agreement uncontested divorce or change of custody. Besides the usual steps of checking governtment photo id and signing the notary book, I politely inquire on whether they are in agreement. Notarization does not make the document; it provide evidence the parties signed the document. Clearly, if you are not in agreement you need to tell the notary. If legal advice is needed, the notary can direct the person to a lawyer.

Capacity of the Signer

2008-05-02T20:53:00.000-07:00

In most cases, the client is signing in an individual capacity and providing government photo id to validate the person's identity. When the individual is signing as an officer of a corporation, make sure you specify the title in the acknowledgement. You are not required to verify the person's title.

Attention Notaries Beware of Pit Bulls with Law Licenses

2008-05-01T21:20:00.000-07:00

Attention All Notaries!!Do not think,plan,dream,blog talk write or speak about violating any federal criminal law. The Federal Prosecutors are Pit Bulls with Law Licenses. Their favorite words are racketeering, conspiracy,and civil forfeiture followed by large fines and long sentences. A VA notary allegedly loaned an notary stamp to an individual who engaged in activities that got the attention of the FBI and Federal Prosecutors. The notary was then indicted. Your errors and omissions coverage will not protect you from the Pit Bulls with Law Licenses.

Attention all VA Antique Vehicles Owners

2008-04-29T15:32:00.000-07:00

As of July 1, 2007, antique owners must show evidence that own and regularly use another passenger car or truck when applying for antique license plates(for cars 25 years and older) for a one time fee of $50 by filing out VS 10 B available online from VA DMV Web site www.dmvnow.com , under Vehicle Registration, Antique Motor Vehicles and Trailers. The document needs a jurat notarization. Once registered there are limitation on mileage and occasions when the car can be driven.

Beneficiary vs Fiduciary

2008-04-28T12:51:00.000-07:00

Answers.com defines fiduciary vs beneficiary
Fiduciary:
"Courts have neither defined the particular circumstances of fiduciary relationships nor set any limitations on circumstances from which such an alliance may arise. Certain relationships are, however, universally regarded as fiduciary. The term embraces legal relationships such as those between attorney and client, broker and principal, principal and agent, trustee and beneficiary, and executors or administrators and the heirs of a decedent's estate."
Beneficiary:
"A beneficiary (also, in trust law, referred to as the cestui que use) in the broadest sense is a natural person or other legal entity who receives money or other benefits from a benefactor. The beneficiary of a life insurance policy, for example, is the person who receives the payment of the amount of insurance after the death of the insured. The beneficiaries of a trust are the persons with equitable ownership of the trust assets, although legal title is held by the trustee. The term is also used in the context of a letter of credit for the party receiving the money related thereto. Beneficiaries in other contexts are known by other names: for example, the beneficiaries of a will are called devisees or legatees according to local custom.

A series of beneficiaries may be designated in many cases to designate where the assets will go if the primary beneficiary or beneficiaries are not alive or do not qualify under the restrictions in the given contract or legal instrument. Most commonly the restriction is that the beneficiary be alive, which, if not true, allows the assets to pass to the contingent beneficiaries. Other restrictions such as being married or more creative ones can be used by a benefactor to attempt to control the behavior of the beneficiaries. Some situations such as retirement accounts do not allow any restrictions beyond death of the primary beneficiaries, but trusts allow any restrictions that are not illegal or for an illegal purpose.

The concept of a "beneficiary" will also frequently figure in contracts other than insurance policies. A third party beneficiary of a contract is a person who, although not a party to the contract, the parties intend will benefit from its provisions. A software distributor, for example, may seek provisions protecting its customers from infringement claims. A software licensor may include provisions in its agreements which protect those who provided code to that licensor."

If a notary is a beneficiary, the notary can not notarize the document. If the notary is fiduciary, the notary can notarize the document.

A Blind Client

2008-04-25T19:40:00.000-07:00

A blind client is entitled to have a document notarized. First the notary must talk to the client about the client's understanding of the document. The notary may take the additional step of reading the document to the blind client. Check the client's picture government id. Direct the client hand to the line that the client needs to sign; remember, the signature is the signature.

Absolute Disagreement

2008-04-25T08:47:00.000-07:00

I was asked by two individuals to notarize two documents that were in absolute disagreement. I then asked them to write down what they would agree on. They did and I notarized their document they agreed on. If you disagree with a document, tell the notary. Signing a document in the presence of a notary does not make it legal; however signing a document that you disagree with could cause problems later. If are clueless or in absolute disagreement, please let the notary know. The non-lawyer can then direct you to get legal advice.

Fingerprinting

2008-04-24T20:10:00.000-07:00

California allows for fingerprinting of notary clients; VA relies on government ID with picture.

No Contingency

2008-04-24T20:00:00.000-07:00

A notary is a neutral individual with no interest in the outcome of the signing. Consequently, my fee is due at the time the notarization.There is no contingency on paying for the notarization. Some mortgage companies think they only need to pay the notary if the loan goes through. This practice is illegal. A notary is a neutral individual with no interest in the outcome of the transaction.

Language is not the issue?

2008-04-22T16:01:00.000-07:00

A client, a US citizen, asked me to notarize a document in a foreign language. The foreign embassy had turned him since was he was a US citizen. The client thoroughly explained the document to me and provided a VA driver's license. I did a jurat notarization. Clearly, language is not the issue. Notarization does not make a document legal.

What is the location? SS does not mean social security

2008-04-22T15:44:00.000-07:00

The address of the client can confuse the notary on the location of the notary act; Rose Hill, Lorton, Springfield VA are not acceptable locations. Fairfax County is the correct location for all the entities. Even the GPS can give a faulty indication. My GPS gives Alexandria as my location when I am in my driveway.I live in Fairfax County. Longitude and Latitude are not yet acceptable indications of location of the notary act. There is an Alexandria which is part of Fairfax County; Alexandria City is not part of Fairfax County. Before the days of GPS, I was not certain whether I was in Alexandria City or Arlington County. I had the McDonald's cashier to produce a receipt which told me where I was notarizing. SS does not social security which is Latin for scilicet which mean more particular. The means what is the location.

Commonwealth vs State Everything you wanted to know

2008-04-21T21:34:00.000-07:00

This information is from Answers.com
"Four of the constituent states of the United States officially designate themselves Commonwealths: Kentucky, Massachusetts, Pennsylvania, and Virginia. This designation, which has no constitutional impact, emphasizes that they have a "government based on the common consent of the people" as opposed to one legitimized through their earlier Royal Colony status that was derived from the King of Great Britain. The word commonwealth is of English derivation and refers to the common "wealth" or welfare of the public. In common parlance, people do not make the distinction between state or commonwealth.

Commonwealth of Kentucky
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In 1785, residents of Kentucky County began petitioning the Virginia legislature for statehood. They wished the County to be recognized as a "free and independent state, to be known by the name of the Commonwealth of Kentucky." On June 4, 1792, Kentucky County, Kentucky officially became a state. The Constitution was changed as to the style for "all process and mandates" to "Commonwealth of Kentucky" in 1850; prior to that change "State of Kentucky" was used.[1]

Commonwealth of Massachusetts
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Massachusetts is officially named "The Commonwealth of Massachusetts" by its constitution. The name "State of Massachusetts Bay" was used in all acts and resolves up to 1780 and the first draft of the constitution. The current name can be traced to the second draft of the state constitution, which was written by John Adams and ratified in 1780.[2]

Commonwealth of Pennsylvania
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The Seal of Pennsylvania does not use the term, but legal processes are in the name of the Commonwealth and it is a traditional official designation used in referring to the state. In 1776, Pennsylvania's first state constitution referred to it as both "Commonwealth" and "State," a pattern of usage that was perpetuated in the constitutions of 1790, 1838, 1874, and 1968.[3]

A detailed history describing the origins of Pennsylvania's government, including its designation as a commonwealth from colonial times, is available from the Secretary of the Commonwealth's office.[4]

Commonwealth of Virginia
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The name "Commonwealth of Virginia" dates back to its independence from Great Britain. Virginia's first constitution (adopted on June 29, 1776) directed that "Commissions and Grants shall run, In the Name of the Commonwealth of Virginia, and bear taste by the Governor with the Seal of the Commonwealth annexed." The Secretary of the Commonwealth still issues commissions in this manner. Among other references, the constitution furthermore dictated that criminal indictments were to conclude "against the peace and dignity of the Commonwealth." "

Age is not the issue?

2008-04-20T14:39:00.000-07:00

I had to to decline to notarize a 62 year old person; the individual could not communicate with me or recognized his only son. However, I had a delightful notarization with a 92 year old individual who had ID and was very conversant on what he was doing. He also affirmed his trust in his son. Clearly age is not the issue. Potential clients need to have government photo id, know what they are doing, and be able to communicate with the notary. Notarization does not make the document legal; it does affirm you signed the document. Consequently, minor person who signs a contract does not waive va law as it applies to minors signing a contract. Furthermore, a minor signing a statement would not waive any applicably va law requiring parental permission.