Where has the time gone?

I've been out of sorts for awhile. Dealing with personal issues, taking care of a close relative on hospice and trying to care for his household and mine has been cumbersome and leaving some things to go by the wayside. Hudson Mobile Notary has become Hudson Curbside Notary. This has caused a lot of changes because people are used to me traveling to their location and performing my notary duties at their convenience. On the other hand, I've found that most people don't mind driving up to my curb and having the comfort of staying in their vehicles, while I oversee them signing their documents and then being on their way. It works! So, yes, I am still in business and as long as Covid is a thing, I'll will continue to take appointments curbside at my home. I also hope to start keeping up-to-date with my website. Thanks to all who have patronized my business! I appreciate you!

Black or Blue Ink? What color should I use to sign?

This is a question that I get asked a lot. You might think it doesn't matter and most times, it doesn't. However, there are times when it is imperative that you use a certain color...and no, red is never a choice! Never, ever, never!

Black or Blue Ink? Mortgage and loan packages usually, but not always, have a Notary Instruction Sheet and this is where I look before I allow my client to sign anything! Black is usually the color requested the most and while, of course, I will adhere to the guidelines issued by the bank or title company, in any signings I have that don't dictate a color, I use blue.

The reason why I choose blue is because documents are almost always printed in black and white. By using a blue pen, it assures that the document is original and not a copy. An attorney told me this, years ago, and it made sense to me. Plus, blue ink is my favorite :)

When you are about to put your signature on a document, it is important to see if there is a preferred, or even required, ink color. If you are unsure, ask your notary!

Do Not Sign Your Document!

 I can't tell you the number of times I've been presented with a document to notarize that has already been signed by the customer. Don't do that! 

The sole purpose of my notary services is to vouch for you. My stamp and seal on your document says, "I verified your identity and witnessed your signature." In order for me to do that, I need to watch you sign the document, along with seeing and documenting your ID. It also avoids messy paperwork or having to reprint and start over.

I know you can be anxious about your paperwork. I know it's important to you and you just want to get it done but you want to get it done properly. The way to ensure that it is done properly is to not sign your document before you bring it to me.

Here's what you can do, though. Fill out what you can...your name, address, anything the document is asking you but avoid the signature line and save that part for us to do together. 

Happy Client - Happy Notary

It's legal if you notarize it, right?

I honestly cannot count the number of times I've been asked the question, Once you notarize my document, will it be legal? If I were to guess, I'd say I'm asked at least once a week (during a slow week). It seems people feel that a notary public can do the same thing an attorney does, but at a cheaper price.

There is a general misconception that a notary public stamp on any document automatically makes the document legally binding, and the document is able to hold up in court. I am not sure where or when this myth started, but as notaries, at least in the state of Texas, we need to make sure we are not doing anything to perpetuate that myth. I warmly refer to this myth as the Legal by Notarization myth or LBN.

I first encountered the LBN myth several years ago. I received a phone call from an individual who was in the process of selling a vehicle, and he wanted the bill of sale notarized. When I arrived at the meeting location we exchanged pleasantries, and I asked to see the bill of sale. I was handed a handwritten document explaining the terms of the sale of the vehicle. The document did not include any notarial wording, so I explained to the gentleman who had hired me (Mr. Client) that I would need to attach a certificate to the document, either an Acknowledgement or a Jurat. I explained the purpose of the documents and asked which he would prefer to use. Of course, Mr. Client's next question was which is more legal? Mr. Client then went on to explain the purpose of getting the document notarized was to make sure the document was legal and would hold up in court.

To avoid unauthorized practice of law (UPL) situation, I had to explain to Mr. Client that if he wanted a legally binding document that would hold up in court, then he would need to contact an attorney. I also explained the notary public's role (in the state of Texas) was to serve as a disinterested party, properly verify the identity of the document signers, administer an oath, or acknowledge that the document was signed willingly by the person(s) who were required to physically appear before the notary public, and record the signing of the document in the notary public's journal. After I explained all of this, Mr. Client finally chose a certificate, and we were able to proceed with the signing and notarization of the Bill of Sale.

I'm pretty sure that even though I was not able to guarantee Mr. Client that his bill of sale would hold up in court, he still felt more comfortable about the sale after having the document notarized. I'd like to think that this was attributed to the fact he was able to make an informed decision about the notarization process.


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-- Phyllis Traylor, U.S. Army Retired is a Contributing Writer with the American Association of Notaries

Source: https://www.notarypublicstamps.com/articles/legal-by-notarization-/