Tuesday, May 27, 2008

Is Telephone Notarization Legal?

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

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.

Monday, May 26, 2008

No Legal Holiday for Notaries

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

Friday, May 16, 2008

Presumed Not Neutral

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.

Thursday, May 15, 2008

Clueless Notary?

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.

Sunday, May 11, 2008

Notary Supplies

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

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!!!!!

Friday, May 9, 2008

Unlimited Liability for Credible Witness

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?

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

Thursday, May 8, 2008

Unlimited Liability of Notary's Employer

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.

Monday, May 5, 2008

Comatose/Unresponsive Individuals

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?

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

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.

Friday, May 2, 2008

Capacity of the Signer

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.

Thursday, May 1, 2008

Attention Notaries Beware of Pit Bulls with Law Licenses

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.