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Notary Newsletter Archives:
National Notary Association
North Texas Mobile Notary is a NNA Signing Agent Certified (passed the Signing Agent Qualification Exam) and have completed the NNA background screening program which is industry recognized.  In accordance with the Gramm-Leach-Bliley Act (GLBA) and FTC Safeguards Rule, which were enacted to safeguard consumer privacy, the lending industry has begun to require background screening and compliance training for all individuals involved in the lending process - including Notary Signing Agents.  The nation's leading mortgage industry firms are relying on the National Notary Association when they seek highly qualified - trained, certified, background screened -Notary Signing Agents who can perform their duties properly and ethically.  The NNA Certified and Background Screened designation mean that we have obtained the superior qualifications that secure our ability to work with top title and mortgage services companies.

American Society of Notaries
North Texas Mobile Notary is a long standing member of the nation's oldest and most distinguished professional society serving notaries public, and experience the hands-on service and technical support that makes ASN members so loyal.  Our smaller, select membership base enables us to serve you more personally.  Our experienced, commissioned notaries public on staff spend hours each day researching the state notary law to ensure that our technical support is the best it can be.  Expert information and caring, personal service on all our toll-free members only technical support line.  When you have questions regarding notarial procedures, ethics, notary law, forms, and notarial certificates, we're here for you.!   Members also have access to our Email Q & A service.  The Society's newsletter, American notary is straight-talking, informative articles on the notary issues that interest you-that's what you'll get with our American notary newsletter, published six times per year for members and industry friends. The American Society of Notaries is dedicated to providing its members with education, professional service and technical support; promoting high ethical standards; and increasing public awareness of notaries' valuable contributions.

United States Notary Association
This Notary Association was launched in September 2002 to provide service and support to notaries in all 50 states and the District of Columbia.  They provide a monthly information-packed electronic newsletter which is an unparalleled professional resource for the practicing notary public.  This newsletter keeps us informed on the drafting of new notary legislation, proposed changes in the law and reporting on new laws that have been passed.

Notary Law Institute has 1-step kits to become a notary in North Texas an on-line notary courses and self-study notary classes customized to your state's notary rules.  Since 1990 the Notary Law Institute has enjoyed the highest honor of being the most dependable and respected notary public services provider in America.  We are the nation's leading notary law and rule experts in all fifty states. The Notary Law Institute is America's most respected and prestigious notary training and service provider. We have just one goal: to educate and serve notaries. The Notary Law Institute is unlike any other notary organization. Others are unable to deliver the high results we do.

Notary Directory Listings
In addition to being longstanding members of the above Notary Associations and Societies, North Texas Mobile Notary is proud of our affiliation with various directories.  The directories afford us the opportunity to market ourselves to our client base and we are very appreciative.  Most importantly these directories investigate and research the credentials of their members and we can say to our customers that we have been thoroughly vetted and screened and are in excellent standing with the notary community.
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January 2016 - Notary Signing Agents
What is the difference between a Notary Public and a Notary Signing Agent?  A notary signing agent is a notary public who has been trained and tested in the knowledge of presenting documents used in real-estate refinance loan transactions. Typically, a Notary Public has to take an examination on their knowledge of the correct procedures of various loan documents and notary public laws in their state.  You can become a certified notary signing agent by taking an additonal online exam which is a self-study course through the National Notary Association.  Upon passing the exam, you will be required to do have a background check to receive the required insurance for the state and counties you serve.

As a notary public signing agent in Dallas and surrounding counties,  we mostly work on contract, (i.e. working as needed for a title or mortgage company).  We provide this service to clients usually in the comfort and privacy of their own homes or offices.

As our nation seeks more "instant gratification", a loan signing company fills this need by offering a one-stop shopping for closing loans.  The primary reason for having a "signing company" in addition to our notary business is to enhance your income and become a well-known presence in your industry.

The job of a notary signing agent is not an easy one.  As is the case and with any job, working as a notary has its draw-backs.  Being successful requires you to establish yourself and possibly work long hours because you will typically be on-call.  Good luck!


December 2015 - History of Notary Publics
Where did the act of notarization get its start?  Actually, the practice of the notary public dates back to ancient Roman times when only a few people were taught to read and write. A "Notarius" was appointed as a public official to create written documents of agreement or wills and hold them for safekeeping.

In those days, wax seals with individualized engravings or symbols were used as signatures at the end of the written agreements. In later centuries, ribbons were woven into multiple page documents to tie the pages together. Seals were placed over the knots to ensure no pages were added or removed. This was the birth of the notary seal and certificate.

In colonial America, persons of high moral character were appointed as public notaries to certify and keep safe documents of shipping and bills of lading for transatlantic shipping.

In current times, a notary is now a public servant appointed by a state official. This position is important as he provides protection for business deals. Depending on the state, the notary has the power to acknowledge signatures, especially on court papers such as affidavits, conduct oaths and affirmations, and issue subpoenas in lawsuits. For these services, he receives a fee set by the state.

To become a notary public in the U.S, the applicant should be at least 18 years of age and a permanent resident of the state in which he wants to be a notary. Notary is a comparatively easy role to secure, in most cases only requiring the applicant to pass a simple test and undergo some form of background check. The rights and privileges of a notary are normally limited to the basic duties of an impartial witness. To be precise, notaries are not licensed to give any form of legal advice, prepare legal documents or otherwise perform law.

Becoming a notary public involves three important steps. Filling out an application form available in the state or from the nonprofit National Notary Association (NNA) is the first step. An important point to remember is that each state has different eligibility standards for its notaries. Second, a fee is paid to the commissioning authority. Finally, the applicant takes an oath of office in front of a notary public. This action may be incorporated into the application or filed with a county clerk.

Where did the act of notarization get its start?  Actually, the practice of the notary public dates back to ancient Roman times when only a few people were taught to read and write. A "Notarius" was appointed as a public official to create written documents of agreement or wills and hold them for safekeeping.

In those days, wax seals with individualized engravings or symbols were used as signatures at the end of the written agreements. In later centuries, ribbons were woven into multiple page documents to tie the pages together. Seals were placed over the knots to ensure no pages were added or removed. This was the birth of the notary seal and certificate.

In colonial America, persons of high moral character were appointed as public notaries to certify and keep safe documents of shipping and bills of lading for transatlantic shipping.

In current times, a notary is now a public servant appointed by a state official. This position is important as he provides protection for business deals. Depending on the state, the notary has the power to acknowledge signatures, especially on court papers such as affidavits, conduct oaths and affirmations, and issue subpoenas in lawsuits. For these services, he receives a fee set by the state.

To become a notary public in the U.S, the applicant should be at least 18 years of age and a permanent resident of the state in which he wants to be a notary. Notary is a comparatively easy role to secure, in most cases only requiring the applicant to pass a simple test and undergo some form of background check. The rights and privileges of a notary are normally limited to the basic duties of an impartial witness. To be precise, notaries are not licensed to give any form of legal advice, prepare legal documents or otherwise perform law.

Becoming a notary public involves three important steps. Filling out an application form available in the state or from the nonprofit National Notary Association (NNA) is the first step. An important point to remember is that each state has different eligibility standards for its notaries. Second, a fee is paid to the commissioning authority. Finally, the applicant takes an oath of office in front of a notary public. This action may be incorporated into the application or filed with a county clerk.

November 2015 - Notary Frequently Asked Questions
We thought we would dedicate this month's newsletter to questions Notary Publics are often aksed .  

1. CAN I NOTARIZE FOR MY RELATIVES?
2. CAN I NOTARIZE FOR MY SPOUSE'S BUSINESS?
3. CAN I NOTARIZE MY SPOUSE'S SIGNATURE?

The basic rules are: the act of taking and certifying acknowledgments cannot be performed by a notary public financially or beneficially interested in the transaction; and one who is a party to an instrument, cannot act as a notary public. There is no specific prohibition against a notary public notarizing another spouse's signature or a notary public notarizing for a spouse's business. The facts in each situation will determine whether such action is proper.

4. CAN I ALTER OR CHANGE THE INSTRUMENT I NOTARIZE?

To answer this question, a distinction must be made between the instrument and the acknowledgment. A Notary Public is not authorized to change, alter or draft any instrument. However, a Notary Public may correct the certificate of acknowledgment to reflect the proper facts. For example, if an acknowledgment is taken in Webb County and the certificate shows Marion County, the certificate may be corrected as follows:

The State of Texas
County of:  Dallas

Before me, (Notary Public's name), a Notary Public, on this day personally ... etc.

5. MAY I PERFORM NOTARIAL ACTS IN OTHER COUNTIES?

Yes. A notary public has statewide jurisdiction and may perform notarial acts in any county in the state of Texas.

6. CAN I PERFORM FUNCTIONS OTHER THAN THOSE OUTLINED IN TEX. GOV'T. CODE §406.016 AND CAN I CHARGE FEES IN EXCESS OF THOSE AUTHORIZED IN TEX. GOV'T. CODE § 406.024?

No. A notary public's authority is limited to those acts authorized in §406.016. A Notary Public may not charge more than the prescribed fees for performance of notarial acts.

7. WHAT IF THERE IS A DIFFERENCE BETWEEN THE DATE THE INSTRUMENT IS SIGNED AND THE DATE THE ACKNOWLEDGMENT IS ACTUALLY TAKEN?

To answer this question, an example is given. If an instrument ends with the wording: "Signed and executed at Franks Office, Dallas County, Texas, this 26th day of November, 2002," and the party whose name appears on such instrument appears before the Notary Public on November 28th, 2002, the Notary Public would fill in the acknowledgment with the true and correct date when the signer personally appeared before the Notary Public.

8. CAN I TAKE AN ACKNOWLEDGMENT OVER THE TELEPHONE?

No. The person whose signature is notarized must personally appear before the notary at the time the notarization is performed.

9. CAN I CHANGE MY NAME FROM THE NAME SHOWN ON MY NOTARY PUBLIC COMMISSION?

Yes. A Notary Public may change the name on their commission by sending the Secretary of State a name change application, your current certificate of commission, a rider or endorsement from the insurance agency or surety, and a $20.00 filing fee. The above four elements must be sent at the same time. For an instruction sheet, please contact the Notary Public Unit at (512) 463-5705.

10. CAN I MAKE A CERTIFIED COPY OF A BIRTH CERTIFICATE OR A MARRIAGE LICENSE:

No. Birth certificates and marriage licenses are recordable documents. A recordable document is one that is recorded with some type of entity whether it be the Secretary of State's Office, a court of law, a county clerk, or the Bureau of Vital Statistics. Certified copies may be obtained by contacting such entities.

A non-recordable document is one that has not been nor will ever be recorded with any type of entity. For instance, a letter is not recorded with anyone but there are times the sender of the letter would like to obtain a certified copy of that letter for his or her file.

11. CAN A NOTARY PUBLIC DETERMINE WHICH TYPE OF NOTARIAL CERTIFICATE SHOULD BE ATTACHED TO A DOCUMENT?

No. A Notary Public who is not an attorney should only complete a notarial certificate which is already on the document or type a certificate of the maker's choosing. If a notary public is brought a document without a certificate and decides which certificate to attach, that notary public would be "practicing law." However, a notary public is provided copies of sample notarial ertificates with his or her notary commission. A person for whom a notarization is performed may choose the notarial certificate, and the notary may add such certificate to the document.

12. SHOULD A NOTARY PUBLIC RELY ONLY ON A CREDIT CARD IN DETERMINING THE IDENTIFICATION OF A SIGNER?

No. If the signer is not personally known by the Notary Public or identified by a credible witness, the Notary Public must use an identification card issued by a governmental agency or a passport issued by the United States to identify the signer.

13. IS A NOTARY REQUIRED TO ADMINISTER AN OATH TO A DEPONENT SERVED DEPOSITION UPON WRITTEN QUESTIONS?

Yes. The deposition officer ("notary public") must: record the testimony of the witness under oath in response to the written questions and prepare, certify and deliver the deposition transcript in accordance with Rule 203 of the Texas Rules of Civil Procedure
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October 2015 - What is a Notary Public?
Most people believe that notaries simply "notarize signatures." Well, not exactly.  As my grand-father use to say, "nothing is ever as simple as it seems, nor as hard as it seems".  A notary, in carrying out his or her duties follows the state law, but also exercises subjective judgment on matters such as the state of mind of the signer, the signer's comprehension of the transaction, or whether fraud or coercion are at play.

A Mobile Notary Public in the State of Texas is a public servant with statewide jurisdiction and who is authorized to take acknowledgments, protest instruments permitted by law to be protested (primarily negotiable instruments and bills and notes), administer oaths, take depositions, and certify copies of documents not recordable in the public records.

A Notary Public is, in the true sense of the word, "a public servant" and "an officer of the State of Texas", often conveniently located in the community so that the notary may be of service to the public. Each Notary Public takes an official oath of office to faithfully perform the duties of the office, and to insure such performance, a notary public is required to post a $10,000.00 bond with the Secretary of State.

The primary duty of a Notary Public is to show that a disinterested party (the Notary Public) has duly notified the signer of an instrument as to the importance of such document, and the signer of such document has declared that the signer's identity, signature, and reasons for signing such instrument are genuine. The signature and seal of a Notary Public do not prove these facts conclusively, but provide prima facie proof of them, and allow persons in trade and commerce to rely upon the truth and veracity of the Notary Public as a third party who has no personal interest in the transaction.

As a Notary Public of the DFW communitiy, we are personally liable for negligence or fraud in the performance of the duties of the office. The bond is to insure that the person injured can recover at least $10,000.00, but this does not protect the Notary Public from personal liability for the full extent of damages caused by a breach of official duty. In addition to civil liability, Notaries Public may be subject to criminal prosecution and the revocation or suspension of their notary public commission by the Secretary of State's office.

At North Texas Mobile Notary Service, we take to heart that a notarial appointment is a privilege, not a right.
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