Notary Notes Blog

The latest notary news for Pennsylvania notaries

PAN

Notaries Beware: Scam Alert

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PAN has been informed that there is a scam call circulating targeting notaries.

The scammer is contacting notaries claiming to be a detective from the Somerset County Sheriff’s Department. The individual claims that there is a high profile federal case going on, and they were calling on notaries for their “expertise” to be part of the jury and that they represent a local judge.

The scammer goes on to claim that the notary has been called because they are one of several notaries that were “summoned” that did not report to court for jury duty, and there is now a warrant out for their arrest.

PAN’s president, Marc Aronson, spoke to the Sherriff’s office and they are aware of this scam.

If you receive a call like this, please let PAN know and ignore the call. Do not give out any personal, private information to the scammer.

Help Wanted: Part/Full-Time Notary/Title Agents

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Looking for part/full-time Notary/Title Agents to work in a busy notary office located in the New Kensington area.

PennDOT experience preferred, but not necessary. Job includes processing PennDOT, Fish & Boat Commission, and DCNR (ATV, snowmobile) transactions. Will train the right candidate. Notary commission preferred.

The position offers a flexible schedule. Perfect for retiree or someone who wants some extra cash. The position is for a minimum of 20 hours per week and two Saturdays per month from 9 – 12 (hours subject to change).

Salary based on experience. Please email resume to cayenne1227@yahoo.com.

The First Line of Defense Against Fraud

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Why are documents notarized?

A notarization indicates to the receiver of the document that the signer appeared before a notary public, was identified, and signed the document. The notary’s official stamp and signature indicate that the notarization was performed according to the law.

The foundation of all notarial work is to demand personal appearance and to identify the signer as the individual he or she claims to be. The most important step you can take to deter fraud—and protect your notary commission—is to commit yourself to following these requirements for every notarial act you perform.

Requiring a signer to appear before you gives you the opportunity to assess the signer’s willingness and competence. Does the signer know what he or she is doing? Are there others influencing or directing the signer to act in a certain way? Does the signer appear to be confused or unsure about their actions? Is someone other than the signer attempting to act in his or her place?

Personal appearance also gives you the opportunity to compare the signer’s physical appearance and signature to the identification the signer presents to you. Does the signer look like the individual in the picture on the driver’s license? Does the signature on the identification card look like the signature on the document? You are not expected to be a handwriting expert but you are required to observe the signer and examine the identification he or she presents to you.

The Revised Uniform Law on Notarial Acts (RULONA) gives you the authority to refuse to notarize a document for an individual, as long as your refusal is not prohibited by other laws. For example, you may not base your refusal on factors such as race, gender, ethnicity, national origin, or religion. Don’t allow yourself to be coerced into performing a notarization that you suspect may be fraudulent.

The Department of State’s Disciplinary Actions – July 2021

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The Bureau of Election Services and Notaries took the following disciplinary actions against notaries public in July 2021:

  • A Cambria County notary failed to keep an accurate chronological register of all official acts done by her by virtue of her notary office by failing to record in her register the notarization of a vehicle title and failed to maintain a journal of notarial acts performed that contained all required information by failing to record the full name and address of each individual for whom notarial acts were performed and a description of the type of notarial acts performed.
    • This notary was suspended for three months, immediately stayed in favor of probation; levied a civil penalty of $250; a probation assessment of $150; and must complete six hours of remedial education.
  • A Chester County notary failed to require personal appearance, failed to include any notarial language on a document she stamped and signed, failed to record a specific notarization in her journal, and failed to record all required information in her journal.
    • This notary was suspended for 12 months, immediately stayed in favor of probation, must complete six-hours of notary practice and procedure course(s), levied an administrative penalty in the amount of $500; and probation assessment fees in the amount of $600.
  • A Crawford County notary failed to properly maintain a journal of notarial acts, by not recording all notarial acts and for other notarial acts, not recording the time of the notarial act; a description of the type of notarial act performed; and the fee charged.
    • This notary had their notary public commission revoked.
  • An Erie County notary notarized a vehicle title which had previously been signed by someone not in his presence, failed to maintain a journal in which he records in chronological order all notarial acts that he performed, and failed to provide BEI investigators with copies requested of his journal.
    • This notary was suspended for 18 months, 12 months of active suspension, followed by six months stayed in favor of probation; levied an administrative penalty of $500; a probation assessment of $300; and must complete six hours of remedial education.
  • A Lehigh County notary failed to require the individual executing the signature on a record to personally appear before her and failed to make an entry in her journal contemporaneously with the performance of a notarial act.
    • This notary was suspended for six months, immediately stayed in favor of probation; levied an administrative penalty of $250; a probation assessment of $300.
  • A Mercer County notary failed to require the individual executing the signature on a record to personally appear before him.
    • This notary permanently and voluntarily surrendered their notary commission.
  • A Montgomery County notary failed to require that individuals personally appear before him when he notarized a deed with their signatures and failed to correctly maintain a journal of all notarial acts performed by failing to include in his journal the full name and address of each individual for whom notarial acts were performed.
    • The notary permanently and voluntarily surrendered his notary commission.
  • A Philadelphia County notary failed to require personal appearance, to record a specific notarization in her notary journal, and to record all required information in her notary journal.
    • This notary was suspended for 12 months, immediately stayed in favor of probation; levied a civil penalty of $500; and probation assessment fees of $600.
  • A Philadelphia County notary notarized a signature on a deed when the signer was deceased at the time the notarial act took place, failing to establish the identity of all parties to the instrument to be notarized, failing to keep and maintain an accurate chronological notarial register, and failing to give a certified copy of her register to any person applying for the same.
    • This notary had her notary public commission revoked.
  • A Philadelphia County notary notarized a signature on an Indenture transferring real property when the grantor was deceased at the time the notarial act took place, failing to establish the identity of all parties to the instrument to be notarized, and failing to keep and maintain an accurate chronological notarial register.
    • This notary had her notary public commission revoked.

Do you need a refresher on your notary knowledge? You can sign up for our notary and motor vehicle courses here.

You can also find several educational videos on our YouTube channel.

Tips for Mobile Notaries

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In current times, almost anything can be done from the comfort of your own home, even notarizations. A mobile notary can travel from location to location to perform notarizations upon request. Mobile notaries are often called upon to perform notarizations at customer’s homes, businesses, or other locations.

Working as a mobile notary is a rewarding process that gives you the opportunity to meet and help new people. As a mobile notary, you decide how and when to conduct your business. Following these tips can help you succeed when notarizing on the go.

  • Get your name out there. Start a social media page and begin handing out business cards. This can help get your name and the services you offer out to potential customers.
  • Make sure you are easy to reach. You should be readily available to customers by responding to calls, emails, and voicemails in a timely manner.
  • Always be prepared for quick travel. If a client calls and needs a notarization, be prepared to pick up and go without much hesitation. Keep your notary equipment and supplies together in one secure spot so you can quickly grab them and take them to the notarization.
  • Make sure your vehicle is maintained. Making sure that your vehicle is serviced will reduce the risk of a breakdown and allow you to get to all your customers on time.
  • Conduct yourself in a professional manner. Arrive on time, ready to work. Be polite but focus on the reason you are there: to notarize for your customer. Explain the procedure and fees and follow the proper steps for the type of notarization.
  • Follow up with your customer. In a day or two, send your customer an email asking them to review your service and thank them again for their business.

Your professionalism, organization, and preparedness will be appreciated by your customers who will, in turn, spread the word to others for any future notarizations. By standing out among the mobile notaries in your area, you can build lasting customer relationships that will bring more mobile notary business your way.

Signing Agent Versus Notary Errors and Omissions (E&O) Insurance

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All signing agents are notaries, but not all notaries are signing agents. A notary’s duties stop at performing notarial acts. Signing agents are trained to present loan documents to customers and assist lenders in the closing process. Notary Errors and Omissions (E&O) Insurance will not cover all losses caused by errors that take place during signings. For more specific coverage, the signing agent needs Signing Agent Errors and Omissions (E&O) Insurance.

Notary E&O protects the notary when a mistake is made during a notarization that causes the client to suffer a financial loss. Notary E&O only covers notary acts. It does not protect a signing agent when reviewing documents with the customer, providing rescission date calculations, or returning the paperwork to the loan provider.

Signing Agent E&O helps to fill the gaps not covered by Notary E&O Insurance. As an independent signing agent, you have unlimited personal liability for losses caused by errors you make during the signing. Signing Agent E&O Insurance will provide coverage for:

  • Innocent errors or omissions related to signing agent notarial acts
  • Incorrectly dating the right of rescission
  • Missed initial or non-notarized signatures
  • Unauthorized changes to documents
  • Negligence of the signing agent to complete the documents in a timely manner
  • Slow return of date sensitive documents

To qualify for Signing Agent E&O Insurance through PAN’s insurance broker E.R. Munro & Company, you are required to have taken signing agent training and earned certification, hold membership in a professional association, and keep a journal.

It is important to have E&O insurance for both professions. Even if you are innocent, you could still face significant legal expenses for defending yourself in a lawsuit.

If you are a PAN member, contact us for information regarding Notary E&O Insurance. PAN’s Notary E&O policies for members are obtained from our insurance broker E. R. Munro & Company.

If you are not a PAN member but are interested in Notary E&O or for more information on Signing Agent E&O, please visit E. R. Munro & Company or call 877-ERMUNRO (376-8676) to speak with an insurance agent.