Tuesday, December 8, 2009

GOOD PRACTICES AND SHORT CUTS IN FILLING OUT ENTRIES IN YOUR NOTARY JOURNAL:

The most confusing job as a Notary Public is completing your notary journal. This tool is the best protection for all notaries to prove they took all the steps they possibly could to determine the identity of the document signer.
The Notary Public’s notary journal is a dairy of facts that is invaluable as documentation of those facts when filled out. It is good practice to fill out as much information in your Notary Journal as you possibly can. Your Notary Journal is your own personal Notary Public diary of events that took place while performing your notary act. The State of California has requirements by law for the Notary Journal.

The entries that are REQUIRED per the State of California in your journal of notarial acts are:
•The complete date and time that the notarial act took place.
a.Date and Time – This is the day and time the Notary Public appeared before the principal to perform a notarization. This is a required field.

•The type of notarial act that was performed.
a.Type – The notarial act that was performed (i.e. Acknowledgment, jurat, certified copy of a power of attorney, etc). This is a required field.

•The name of the document being notarized.
a.Type of Document – The name or title of the document that is being notarized (i.e.: deed of trust, limited correction agreement, etc). This is a required field.

•Information regarding the supporting identification documentation of the person who’s signature is being notarized.
a.The type of identifying document, the government agency issuing the document, the serial/identifying number of the document, and the date of the issue or expiration of the document. This is a required field.

•A statement regarding the type of identity (i.e. satisfactory evidence, credible witness, etc).
a.Identification of the Signer – The method used for identification (i.e. passport, driver’s license). If the identity of a person making an acknowledgment or taking the oath or affirmation was based on satisfactory evidence, the journal entry must contain the signature of the credible witness swearing or affirming to the identity of the individual. This is a required field.

•The fee charged for the notary service.
a.NOTE: This is only the per notarization signature fee. No other fees should be calculated into this column (i.e. travel, etc).

•The signature of the person who’s signature is being notarized and who is appearing before the Notary Public.

•A right thumbprint is required by state law on all journal entries of deed of trust, quitclaim deed, grant deed or power of attorney. A trustees deeds relating to a foreclosure or reconveyance deed does not require a right thumbprint.
a.Thumbprint – The right thumbprint or left thumbprint if right is not available or any finger if right or left thumbprint is not available. If the principal does not have any fingers or you used another finger besides the right thumb, you must document this in the additional information column, along with what finger was used or the reason if none were available. Thumbprints are required for deeds of trust, grant deeds and quitclaim deeds.

•Date of Document – The date on the document that is being notarized.
a.The date is usually found on the top portion of the document. If there is no date on the document, you need to write “none” in the date column. This is a required field.

Notary journals come in different formats. All journals must be bound and contain the required information as listed above. The entries in a notary journal run from left to right across the entire journal. A notary journal is usually a landscape format bound book.



1NOTARYSCHOOL.COM is providing you with good practices on filling out your Notary Journal to help you be the best possible Notary Public. These practices will also help you if are ever called into court to testify. By following these suggestions you should be able to rest assure if you are ever called into court, your Notary Public Journal should stand up to the scrutiny of the courts.

The entries that are GOOD PRACTICE per 1NotarySchool.com in your journal of notarial acts are:

•The complete date and time that the notarial act took place.
a.Date and Time – This is the actual day and time the Notary Public appeared before the principal to perform a notarization.

•The type of notarial act that was performed.
a.Type – The notarial act that was performed (i.e. Acknowledgment, jurat, certified copy of a power of attorney, etc).

•The name of the document being notarized.
a.Type of Document – The name or title of the document that is being notarized (i.e.: deed of trust, limited correction agreement, etc). This is a required field.
b.Pages - How many pages did that document consist of?
c.Date of Document – The date on the document that is being notarized.
d.The date is usually found on the top portion of the document. If there is no date on the document, you need to write “none” in the date column.

•Information regarding the supporting identification documentation of the person who’s signature is being notarized.
a.Type Of Identifying Document – What document did you use? An ID card, a passport ect.
b.Government Agency Issuing The Document – What agency and state issued the document?
c.Serial/Identifying Number Of The Document – The unique serial number that identifies the document being used for identification.
d.Other Important Dates - The date of the issue and the date of expiration of the document. The birth date of the principal.

•Name and Address of Signer - This column is completed with the name on the Identification and current address.

•Statement regarding the type of identity (i.e. satisfactory evidence, credible witness, etc).

•Identification of the Signer – The method used for identification (i.e. passport, driver’s license). If the identity of a person making an acknowledgment or taking the oath or affirmation was based on satisfactory evidence, the journal entry must contain the signature of the credible witness swearing or affirming to the identity of the individual.

•Additional Information – Any important additional information you wish to record concerning the notarization that took place. Some additional information items can be a loose certificate used; oath or affirmation given; reason for using a subscribing witness, a person’s signing capacity, if an embosser was used or any fraud deterring methods were used.

•Fee charged for the notary service.
a.NOTE: This is only the per notarization signature fee. No other fees should be calculated into this column (i.e. travel, etc). If you did not charge a fee write down “no fee or $0”.

•Signature Of The Person – This is the signature being notarized of the principal who is appearing before the Notary Public.

•Printed Name – The printed name of the principal signature is which is being notarized. This can be placed below the signed signature.

•Right Thumbprint - A right thumbprint is a requirement of California on all journal entries for a deed of trust, quitclaim deed, grant deed or power of attorney. A trustees deeds relating to a foreclosure or reconveyance deed does not require a right thumbprint.
a. Thumbprint – The right thumb print or left thumbprint is not available, use one of the other fingers. If the principal does not have any fingers or you used another finger besides the right thumb, you must document this in the additional information column, along with what finger was used or the reason if no fingers were available. It is good practice to get a right thumbprint for every document that you notarize.

The following is a sample of the shorts cuts and additional information you can implement in completing your notary journal. These extra steps will enable you to use your journal as a tool if you are ever called into court on a case. You have meet the states minimum requirements they are highlighted in light blue, except for the principal’s signature. Plue you have with the extra infomration added you have protected yourself.

Upside down “T” can be used to bring down information from one entry to the next for the same principal, a diagonal line across all of the places a principal needs to sign in your your notary journal, will enable the principal to sign and print one time vs. many times.



** If you are using abbreviations in your notary journal you need to input them into the front of your journal under additional information so there is no confusion as to what the abbreviations mean.

*Some of the abbreviations you can use are as follows:



Tune back on the 15th of December, 2009 for more helpful information on filling out you notary acknowledgment certificates
Kim
1NotarySchool.com

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