Monday, May 11, 2009

Who is the client?

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.

Tuesday, May 5, 2009

Void Notarization vs Unaccepted notarization

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.

Monday, May 4, 2009

VA is not a State;it is a Commonwealth

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?

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

Friday, May 1, 2009

When does yes mean no!!!!

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.

Wednesday, March 18, 2009

Is there a notary lesson from Natasha Richardson death?

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."

Tuesday, March 17, 2009

Virginia Notaries do not write or produce divorce documents!!

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!!!!!