 Notaries are sometimes asked to “Notarize”, a Copy of a Passport, Green Card, Driver License, Utility Bills, and similar documents for legal process, these requests are routinely refused because not all states authorize Notaries to “Notarize” and not all documents are eligible for a copy certification / attestation by a Notary.
The following will help clarify some of these requests: Option 1 Copy Certification/Attestation is different from notorial acts involving a signed document, an oath is not administered to take an acknowledgement from anyone, instead the custodial of record makes the photocopy of the document & or the Notary compares the original to the copy and then certifies or attest that the photocopy is a true copy of the original. *note: only certain states authorize copy certification/attestation of the comparison method. (check with the state’s SOS) . When a Notary makes an attested copy of a document, he/she is not guaranteeing, authenticity of the original document, its contents, or its effects. The Notary is simply stating that the photocopy is a “true” and complete copy of the of the original document presented. The Notary’s certification is made in a notorial certificate worded for that exact purpose. Process: Original document must be presented for comparison make the witness take photocopy of the document. If the copy has already been made then the original must be presented for comparison. You cannot take some one else’s word that a photocopy is a “true”, not matter how trustworthy that person may be. (depending on the state) A certified copy issued by the official document custodian (example: a certified copy of a marriage record, birth certificate etc. Issued by the county clerk) is NOT an original document – it is s copy. A Notorial certificate is completed for copy attestation or Copy Certification by Custodian (depending on the state) . It is recommended that a Notary Journal entry be made as best practice. Most commonly presented documents that the Notary might encounter:
Option 2 Attestation/Certification of Copy by Document Custodian. Certification of Copy by Document Custodian What if your authorized notorial duties do not include making certified or attested copies of documents? The Document custodian may wish to swear/affirm that a copy he or she made is of an original document is a true copy. The document custodian would make a written affidavit(statement) that a true photocopy was created from the original document and the Notary would take the custodian’s oath/affirmation bout the truth of the affidavit and complete a jurat. This procedure places the responsibility about the photocopies document on the client not the notary, and should be handled responsibly. Sample Affidavit: (California) COPY CERTIFICATION BY DOCUMENT CUSTODIAN I, _______________________________________________________________[name of custodian of original document], hereby swear (or affirm) that the attached reproduction of ___________________________________ [description of original document] is a true, correct and complete photocopy of a document in my possession. Under penalty of perjury under the laws of the state of California, I attest to the truthfulness, accuracy, and validity of the forgoing statement. ____________________________________ ___________________ Custodian’s Signature Date Custodian’s Address: ______________________________________________________ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ________________ Subscribed and sworn to (or affirmed) before me on __________________, 20_____, by ________________________________________________________________________ proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. _______________________________ (seal) Signature As Notaries, we cannot speculate that the copy certification affidavit will automatically be accepted by the receiving party, nor can we counsel to whether a relying party should accept this process, the most we can do is ask the document custodian if he/she wishes to make an affidavit about the trueness of the photocopy, show him/her the affidavit language if available, and let the client choose what to do. If the document custodian has any questions about the advisability or effects of the affidavit, custodian of records, will have to consult an attorney or another party relying on the transaction. www.immihelp.com
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 Anxiety in undocumented Immigrants is rising. The uncertainty of what may happen is weighing heavily on the minds of many undocumented immigrants in California, particularly in the San Joaquin area, where a large population of the undocumented Immigrants are farm laborer’s. Thus, requests for Guardianship, POA’s, Affidavits & Notarized Letters for their minor children has risen, In preparation of “just in case”
According the California Courts parents can agree to let a family member or a trusted individual the permission to take care of their child(ren) without having to go to court. They can sign a Power of Attorney for a Minor Child in front of a Notary that gives “physical custody” of the child which allows the caregiver to make decisions about the child’s education, and medical care, & health insurance. This Power of Attorney can be cancelled at any time. The form is called Appointment of Short-Term Guardian for Minor Children and Durable Healthcare Power of Attorney & is an 8-page document which includes a Revocation of Short-Term Guardianship, which terminates the POA. If the child will remain in California, the person (caregiver) can complete a Caregiver’s Authorization Affidavit (form can be found in the California Courts Self-Help Center website). If the caregiver, is a relative the form lets him or her enroll the child in school and get medical care. If the caregiver is NOT a relative the form still lets them enroll the minor is school but they are only authorized to make medical care decisions that are school related (like immunizations, or physical exams required for school enrollment) Some schools and medical facilities accept the Caregiver Authorization, or Notarized POA it is possible that some will require a legal guardianship court order instead. The parents can cancel these forms and take the child even if it’s not safe for the minor. As a Notary Public, however, my primary role is to serve the public as an impartial witness, when important documents are signed, and cannot provide legal advice to my customers. However, this does not limit the amount of information I can provide to my customers, as this information is free & anyone in the public can access it. California Family Code sections 6550-6552 and probate code sections 2353 & 2356 California Courts Self Help Website.  Trust is important in modern society. In legal matters, causation is the casual relationship between conduct and result, in which business dealings between strangers are the norm rather than the exception.
Trust enables sensitive documents from deeds for real estate property to contracts promising essential services, to be exchanged with confidence. Without it the consequence would be disorder, and increased threats of fraud. Even though we must trust strangers to conduct business, knowing as much about the transacting parties as possible to assure that its agreements and promises are made reliably is important therefore, a process that enables confidence and engenders trust, has increased, it is a reliant system that maintains the rule of law, preservers the integrity of an agreement, and ensures the authenticity of a transaction. This process is in place and working well, though it is often misunderstood and unfairly criticized. That process is called Notarization and is essential and more relevant than ever. Notarization: Why is it important? Notarization dates back thousands of years, the process has represented trust, assurance and legitimacy of official documents backed by a governing body. Although numerous documents are freely exchanged in our society, individuals and organizations require greater guarantees of trustworthiness and accuracy relating to certain agreements. Notarization in-fixes a written document with unspoken intention and commitment, providing a secure solution that gives trust a material form. It is the official certifying process that renders documents worthy of the public trust, and offers assurance that a document is authentic, that its signature is genuine and that a signer acted willingly and intended the terms of the document to be in full force and effect. An individual's acceptance, consent or signature taken separately or even together cannot deliver the security and certainty that notarization provides. Individuals entering in to agreements personally appear before an impartial and unbiased Notary Public, are identified as the person they claim to be and acknowledge that they signed voluntarily. Importantly the resulting notarized document becomes distinguishable from any other because of the seal and official, signature of the Notary Public. Different Notarial acts or Notarization's Acknowledgment: Is generally performed on documents controlling or conveying ownership of assets; example of those documents are: real estate property deeds, legal documents such as powers of attorney and sometimes trust and wills. The signer must appear in person at the time of Notarization to be positive identified and to declare that the signature on the document is his or her own, that it was willingly made and that the provisions in the document are intended to take effect as written. This notarial act is authorized in 50 states and jurisdictions. Jurat: Is typically performed on documents that are critical to the operation of the court system. Such documents include affidavits and depositions. For a jurat, the signer must appear in person at the time of Notarization to sign the document, and to recite aloud an oath or affirmation promising that the statements in the documents are true. A person who takes an oath or affirmation in connection with an official proceeding may be prosecuted for perjury should he or she fail to be truthful. Certified Copies: The copy certification is performed to confirm that a reproduction of an original document is true, exact and complete. Examples of those documents are: college degrees, passports and other documents which cannot be copy-certified by a record office such as a bureau of vital statistics or county recorder's office . This notarization is not authorized in every state but in the jurisdiction where it is allowed, may be executed only with certain original documents. Each state has its own laws governing the performance of Notorial acts. The Notary Public: Every Notarization is performed by a Notary Public. Notaries must apply to a state agency typically the secretary of state. The role of a notary Public cannot be replicated by individuals in the general public. Fewer other individuals have the requisite training experience and impartiality necessary to positively verify the identity of a signer, assure willingness and confirm the act of acknowledgement or administration of an oath or affirmation. This is why Notaries should receive no personal benefit from the transactions they notarize. They must also never refuse to serve a person due to race , nationality, religion, politics, & sexual orientation. Impartiality also means that Notaries must operate independently and resist improper or illegal requests or demands of customers, friends or family members. Notaries are accountable for following the law and have unlimited financial liability for any harm caused another person by their negligence or intentional misconduct. Notary Laws in most states requires that document signers appear in person before the Notary at the time of Notarization to authenticate their identity and their intention that a particular document or transaction to be in full force and effect. Yet this is the law that Notaries are most often pressed to violate. Today, Notaries are now being used to verify the identity of individuals in a variety of functions of situations, even for electronic transactions or communications in which confirmation of an individual's identity and the authenticity of an accompanying electronic signature must be established , why? because of the Notary's familiarity with verifying identity , as well as for their impartiality, Notaries: Ensurers of Trust for Today's Business The Notarial act is the foundation of trust and the Notaries who perform them are society's guarantors of authenticity and integrity.  Customer FAQ's and legal advice vs legal information
Legal advice is when an attorney applies his or her legal expertise to your specific fact situation, and tells you how you should proceed. This includes, but is not limited to: ⦁ Representing a person before a court or other government institution ⦁ Creates duties or responsibilities for the person offering advice ⦁ Affects the rights or responsibilities of the person seeking advice A notary public is prohibited from practicing law, unless the notary public is also a licensed California attorney. (California Government Code section 8214.1(g); California Business and Professions Code section 6215.) Legal information can be given by anyone who is knowledgeable on the law. It is simply a statement of what the law is, without any application to your particular situation, leaving up to you the decision of how to proceed. What should I do with my Advanced Healthcare Directive Now That I've Had It Notarized? California maintains an Advance Directive Registry. By filing your advance directive with the registry, where the health care provider and loved ones may be able to find a copy of the directive in the event the patient is unable to provide one. More about the registry, including instructions on how to file your advance directive, at http://www.sos.ca.gov/ahcdr/forms.htm. Advanced Healthcare Directives PROBATE CODE SECTION 4700-4701 Should I record my power of attorney just in case? Power of attorney requirements vary by state, but typically are signed by the principal and need to be witnessed and/or acknowledged before a notary public. Usually, powers of attorney do not need to be recorded. However, powers of attorney dealing with the sale and purchase of real estate must be recorded. In California, a power of attorney must either be acknowledged in front of a notary or signed by two witnesses. While either method of validation will work, consider doing both. By signing in front of a notary, you expel any doubt as to the validity of the principal's signature. Also, by having two witnesses sign the power of attorney, you are also creating parties who can testify as to the validity of the document. A natural person having the capacity to contract may execute a power of attorney. PROBATE CODE SECTION 4120-4130 4120. What is a Domestic Partnership? Wait why do I have to fill this out, we are not gay! (this comes up during a mortgage loan signing) ⦁ A domestic partnership is an interpersonal relationship between two individuals who live together and share a common domestic life but are not married (to each other or to anyone else). ⦁ Registered domestic partners have the same rights, protections, and benefits, and same responsibilities, obligations, and duties , as spouses.” Cal. Fam. Code § 297.5(a). These protections apply as of the date a couple registered as domestic partners with the state of California. More info can be found at http://www.nclrights.org/ Declaration of Domestic Partnership From Can be found in the California Secretary Of State website http://www.sos.ca.gov/registries/domestic-partners-registry/ Can you provide or help me draft a Grant Deed, Power of Attorney or Will? A notary public is prohibited from practicing law, unless the notary public is also a licensed California attorney. (California Government Code section 8214.1(g); California Business and Professions Code section 6215.) Legal forms and documents can be found here http://saclaw.org/legal-forms/ Customer service is important, and therefore helping them understand the difference of what a notary can and cannot do is part of good customer service and providing them with the right information is also key to keeping your customers happy !  Intended Spouse:
Learn the rules. Each facility has its own rules concerning marriage. Talk with the chaplain, warden or other appropriate official 1. You will need to obtain an “Inability to Appear” package from the local County Clerk’s Office. 2. The County Clerk’s Office will require an official “Notice of Incarcerated Individual” (Satisfactory Proof of incarceration) If for sufficient reason, either or both of the parties to be married are physically unable to appear in person before the county clerk, a confidential marriage license may be issued by the county clerk to the person solemnizing the marriage if: ⦁ The signature of any party to be married who is unable to appear in person before the county clerk is authenticated by a notary public , prior to the county clerk issuing the confidential marriage license 3. Contact the prison chaplain, warden or other appropriate official, who will make arrangements, during normal facility visiting times, for the inmate to sign an “Affidavit of Inability to Appear and Request for Issuance of a Marriage License” in the presence a notary. ⦁ Most facilities have a list of approved Notaries ask the litigation coordinator to provide the Notary's information. ⦁ Some facilities DO not keep an approved Notary List & you can hire any outside Mobile or Traveling Notary to coordinate the appointment . 4. The intended spouse and Marriage Officiant must go to the County Clerk’s Office to take an oath and receive a marriage license. The Marriage Officiant will need to stand in for inmate during this process. 5. After receiving a marriage license, the intended spouse will need to contact the prison chaplain, warden or other appropriate official of the facility where the inmate is housed to schedule the marriage ceremony during normal facility visiting times 6. The intended spouse, Marriage Officiant, witness and/or interpreter will be searched upon entering the facility  A Structured Settlement can add certainty to a claimant’s financial situation by establishing payments that are guaranteed and not impacted by market fluctuations or downturns in the economy.
What is a Structured Settlement?: When someone is injured and a lawsuit results, often, that lawsuit is settled and both parties agree on compensation. This compensation is often paid out over time in regular payments as a structured settlement. Structured Settlements is a negotiated insurance of financial arrangement where the claimant agrees to resolve a personal injury claim by receiving some part of the settlement in the form of periodic payments on an agreed schedule. Victim agrees to receive periodic payments over the long-term rather than a lump sum up front. It is often designed to provide victims who are sick or have been hurt with a steady stream of future income for life. Most Common Documents in a Structured Settlement or Sale of a Structured Settlement which need to be Notarized Transfer Agreement Transfer" means any sale, assignment, pledge, hypothecation, or other form of alienation or encumbrance made for consideration. (o) "Transfer agreement" means the agreement providing for the transfer, and any other document used to effectuate the transfer, from the payee to the transferee of structured settlement payment rights of a structured settlement agreement. Settlement Agreement "Structured settlement agreement" means an arrangement for periodic payment of damages established by settlement or judgment in resolution of a tort claim in which the payment of the judgment or award is paid in whole, or in part, in periodic tax-free payments rather than a lump-sum payment. Agreement Sale Structured Settlement: See “Transfer Agreement” Irrevocable Designation of Transferee as Beneficiary: "Interested parties" means, with respect to a structured settlement agreement, the payee, the payee's attorney, any beneficiary irrevocably designated under the annuity contract to receive payments following the payee's death, the annuity issuer, the structured settlement obligator, and any other party who has continuing rights or obligations under the structured settlement Agreement. If the designated beneficiary is a minor, the beneficiary's parent or guardian shall be an interested party. “Dependents" include the payee's spouse and minor children and all other family members and other persons for whom the payee is legally obligated to provide support, including alimony. Authorization to Release Info: Regarding liens, judgments in connection to any dependent as to child support etc… Authorization to Release Info: former client, of payee, the 'payee,' has entered into a contract with to transfer and assign certain future structured settlement payment rights. Funding Instructions: Funds provided in the Purchase Price as defined in the sale agreement. Return of Non Assigned Payments: Future Pass thru Payment Issuance (Check or ACH) A Notary Public can facilitate the closing of the documents
Definition Terms Reference: CA INSURANCE CODE SECTION 10134-10139.5 GOVERNMENT CODE SECTION 984  Attention Auto Insurance Carriers
And Salvage Companies Announcing Auto Title Notary for Total Loss Settlements Auto Title Notary is one of the many products offered by Notary Services etc. which allows for the electronic assignment of title documents, significantly shortening the cycle time for total loss settlements, saving customers time and money. This service directly allows for more management of costs, while simultaneously boosting customer satisfaction and retention. Carriers that choose Auto Title Notary as their document delivery service can access a mobile notary who will travel directly to the vehicle owner and execute documents on the spot. The electronic assignment (e-docs) ability allows the notary requirement to be satisfied at a faster rate, leading to an overall enhancement of the customer experience. In addition, improved cycle time leads to a reduction in costs, as insurance carriers are able to save on vehicle rental fees and to better allocate employee bandwidth. The mobile aspect of Auto Title Notary markedly reduces the time typically required for a total loss settlement to be processed, Because the notary can meet the vehicle owner at a place and time of their choosing, rather than requiring the vehicle owner to execute the entire process on their own, the results are distinctively more efficient and more accurate, giving customers a greater sense of relief." Insurance carriers remove the step in the claims process that customers find most inconvenient, by deploying a mobile notary, which in turn leads to increased policyholder satisfaction and retention. Dependability & Accuracy as well as Customer Satisfaction is top priority at Notary Services etc. by striving to innovate as a Notary Service to provider, to create a hassle free experience for the client and their customers. Thank You Notary Services etc. www.notaryservicesetc.com Simple Solutions Simply Better for Business!  Notaries working as loan signing agents really do get unfair press sometimes. This displeasure, generally from the lender side, is often undeserved and typically stems from clients not fully understanding the actual limitations of the Notary’s role in a signing. Client frustration with a Notary generally stems from expecting the notary to do things that are actually outside of the Notary’s prescribed function. It is very important that clients understand what a Notary is and is not able to do at a signing.
When the lender’s loan documents are completed and available, the escrow officer will arrange for a Notary to sign with the borrowers this is often a Mobile Notary who will drive out to meet the borrowers at their home or a mutually convenient location. The escrow / signing company will entrust the documents to the Notary and the Notary will be responsible to get the documents signed by the borrowers, notarize the documents that require Notarization, and return the documents to escrow. Once the escrow officer has received the documents she will review each document to ensure they were signed and completed. Then she will coordinate returning the documents to the lender for funding. A Notary Public is a neutral party to the transaction. His job at a loan document signing is to witness the borrower’s signature and notarize the documents that require Notarization such as, Deed of Trust, Grand Deed, Affidavits, Power of Attorney and miscellaneous lender documents. Prior to the signing the Notary should explain to the borrowers which documents the Notary is there to acknowledge and what she is there to do. The Notary is generally also is expected to ensure that the borrowers sign and date the documents appropriately. It is important for clients to understand that the Notary is not the lender’s substitute or surrogate and cannot give any legal advice or interpret the loan documents for the borrowers. A Notary may identify documents and point out the terms of the loan transactions but should not be expected to answer questions specific to the terms and conditions of the loan. It is also not the job of the notary to clarify any information regarding the transaction regarding who is paying what, why or when etc . The lender or loan officer is the one who can answer questions about the loan. However, the Loan Officer or Mortgage Representative may or may not be present at the loan document signing. Often the LO will review pertinent information of the loan with the client prior to the signing. Borrowers should be sure to get a contact phone number for the loan officer prior to signing. So they may reach them at the closing table to address any questions or concerns they may have. In order for the borrowers to feel at ease during a signing it’s often a good idea for them to read through all their documents prior to the signing appointment. They can ask for a copy of the documents in advance and review them for accuracy, errors, surprises, or documents they have difficulty understanding. Also, borrowers for owner-occupied refinances should know that they have a three day right to cancel the loan. If there are any documents or terms that they are concerned about, they can sign the loan document package and seek to have those items further clarified after the signing. If they still have concerns, they will have three days to cancel the loan before it funds Understanding the details of the notary’s role is important for all parties involved. This can help to avoid confusion during a transaction and protect notaries from incorrect assumptions about what it is or is not their job to do.  Remote closings are a convenient way to close on your new home loan at your place of work, coffee shop, hotel lobby (if you’re traveling), or even at your families kitchen table. Remote closings have been around a little longer and are now available pretty much everywhere and could mean more than added convenience for consumers
There are ways a Remote Closing can be carried out: Here are examples of two types of Remote Closings.
Ask your lender, Realtor, or Title Company for recommendations early on in the process on how to find a Mobile Notary to facilitate the signing of your loan documents at your convenience. Then all you have to do is pick a perfect place for you to close on your new home—your way.  A Loan-Signing agent for a bank or other financial institution is often a Notary public, However the Notary may are may not notarize documents for a non-bank related transaction ever if it’s your bank. Also, most banks will not notarize documents for non-bank customers as well. Call your local bank and inquire if they have a notary available and inform the notary in advance about the documents you have to make sure the bank does not have a policy that does not allow them to notarize a non-bank document. Documents that might require notarization:
If you go to your bank and find that the Notary on staff will not notarize your document because the document is a non-bank or non-customer, Search for your nearest Notary by typing “Notary Public” and the zip code of where you are, this will narrow the search & give you a precise location of the nearest notary. Most are mobile and can come to you! |
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