Kenneth A Edelstein All Purpose Certified New York Mobile Notary
Manhattan Based All Purpose Certified New York Mobile Notary, Providing NYC Apostille Processing, Legalization and New York Fingerprinting - All work Guaranteed
November 20th, 2008
Phony Apostille Services - How to Spot Them
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Brought to you by Kenneth A Edelstein All Purpose Certified New York Mobile Notary
Phony Apostille Services - How to Spot Them
Sometimes an Apostille can be issued without your signature. One example is a Birth Certificate issued by the City of New York. If you need your New York City Birth Certificate used overseas, chances are that an Apostille affixed to it will be required. As the City is the issuer of the document; it's their "signature" that applies, not yours. Therefore, you do not sign anything - the Birth Certificate - with letter of exemplification, forms the basis of receiving the Apostille.
Except for the above example, and similar governmental issued documents, your signature is the basis for the Apostille. Your signature will require notarization, and that notarization must be perfect. All notarizations require personal presence with the notary. That is the flaw in Apostille by Mail services. They issue the notarization of your signed document without actually checking your identification and meeting with you. Such activity is, of course, illegal. If the notarization is illegal, the Apostille issued for that notarization is also void; the same as the fraudulent notarization.
An Apostille is the additional verification of the notarization, which is verification of the original signature. As in any field of endeavor, there are those willing to "take shortcuts." They collect their fee and issue what looks genuine; but has been obtained thru fraud. As an Apostille is almost always used for an important document; would you want to risk your document being nullified when the fraud is discovered?
There is no legal notarization of your signature via mail, email, phone or Fax. Personal appearance with the notary, checking of ID, and administering the notary oath is always required to legally notarize your signature. At http://kenneth-a-edelstein.com I cover this in greater detail. Your Apostille bearing document is probably very important to you; do not allow an unscrupulous service to involve you in fraudulent activities.
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Do you need notarization, apostille or legalization?
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Do you need notarization, apostille or legalization?
I am often asked if a document needs to be notarized; an apostille affixed or should be Embassy/Consulate legalized. Not being an attorney, I can not give legal advice. But, I can say the answer is: it depends on the requirements of the person or organization receiving the document. They have their requirements - it is those requirements that determine what processing the document must receive.
It is rare for documents originating in the US and to be used in the US to require an apostille or legalization. Those processes are generally for documents that originate in the US and are destined to be used in a different country. But, ever there; there are exceptions to the general rule. I have had cases where a locally used document required an apostille on the chance that it might be used in evidence in a foreign court!
In New York State even the notarization procedure has an option. After the notary affixes their seal and stamp; an additional step, authentication of the notary signature can be requested. Usually this additional step is part of the apostille or legalization procedure. However, I have often been requested to provide authenticated notarizations for documents to be used in court. It's a "best practice" for the notary to always emboss documents when they affix their rubber stamp seal. The embossing is proof positive that the document is the original.
I have placed checklists and tips regarding the above, and much more on my web site: http://kenneth-a-edelstein.com and I invite you to brows the research that I have posted. I often use the Beauty is in the Eye of the Beholder phrase to explain that, while I can provide a variety of service; I cannot specify what service is required. Case in point: marriage license. I have notarized, obtained notary authentication, obtained an apostille; and added legalization to the apostille - for a marriage license destined for use in China. For other clients, just notarizing a copy of the marriage license is what they need.
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Should your Notary use a LOOSE Acknowledgement?
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Should your Notary use a LOOSE Acknowledgement?
Most forms I notarize have a notary section with the standard notary wording in place. Some, however, are missing the required notarial wording. New York State, for example, requires the location where the notarization was performed, the date, a statement by the notary, etc. The most common notary statement is "This instrument was acknowledged before me by." If the requisite wording is missing it is the responsibility of the notary to add it to the document.
There are two primary ways for the notary to add the wording. The most common is to staple a form, the loose acknowledgement directly to the document. However, if the document is to be sent via FAX the stapled addition presents a problem. An alternative is to have the notary either write the wording directly on the document (sloppy), or use an acknowledgement stamp that contains the proper wording. The stamp is much neater, gives a more presentable appearance and does not rely on notary memory for completeness. Not every notary carries this often needed stamp. If your documents do not have notary wording and there is a possibility they will be faxed, be sure your notary has this essential tool.
The worst option is for the notary to ignore the requisite wording and merely rubber stamp the notary seal, and sign below it. That is very poor notary practice and really not a valid notarization. The use of the loose acknowledgement stamp is generally preferred - if there is room at the bottom of the page for both the wording stamp and the notary stamp. Experienced notaries usually carry two notary stamps - same content - but different sizes to fit the available space. A really good notary will have two embossers for the same reason.
It is important that you check the work of the notary to be sure all the requirements for notarization are on your signed document. The Venue (State of.... County of....), your name neatly printed, the notary statement, and the notary signature. The signature of the notary must exactly match the notary name as on the notary rubber stamp. I have additional tips and suggestions regarding notarizations on my site: http://kenneth-a-edelstein.com - check the About Me and Notary at Your Location pages for additional information. An improperly executed notarization is worse than none at all. At a glance it looks good, but to the trained eye (after a bit of reading on my site), the omissions are obvious. More links and update's from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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Mobil Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
CLOSE Your Loan Package in the comfort of your own home. Brought to you by Kenneth A Edelstein All Purpose Certified New York Mobile Notary
Many states, including New York, permit Loan Packages (initial purchase, refi, reverse mortgages, etc.) to be processed at your home or office. You do not need to go to the bank or title company office. This becomes very convenient when both husband and wife will be signing. A specially trained notary called a Signing Agent can be dispatched to meet with you at a location and time of your choosing. The Signing Agent will bring two complete sets of printed documents. One will be signed and notarized at your location; the other will be a copy for your records. The Signing Agent will guide you, step by step, thru the signing; notarize and ship the documents. The Signing Agent fee is normally considered a Title Company expense; you don't pay extra for this service.
The procedure is often called a closing, however it is only the first step in the closing process. But, it is a vital step and must be completed perfectly. A single flaw, missing signature, or botched notarization can put the entire process on hold - until the error has been corrected. I have a published article on my site, http://kenneth-a-edelstein.com with a very complete discussion of this process. An important aspect is the Right of Recession, most commonly known as the Right to Cancel. It allows three business days to review the borrower copy, resolve issues; and if necessary cancel the transaction.
The Right of Recession only applies if the collateral for the mortgage is a primary residence. In other words, if the property is a second home - there is no Right to Cancel. One suggestion: as an alternative to having the Signing Agent bring the documents to your home; you can request the entire Loan Package be sent directly to you. This will give you plenty of time to review the complete package with your Loan Officer - prior to the arrival of the Notary Signing Agent. This is especially important if you will not be receiving a Right of Recession.
Another tip: After the Signing Agent has departed; number your copy of the loan package (it's not the legal copy, so feel free to write on it). Typically, the package is about 100 pages. Next, with a pad of paper alongside - go thru your package page by page. When you have a question; for example the Escrow Amount on page 34 - circle the item in question directly on page 34 of the Loan Package. Next, on your pad of paper write the number 34 and the issue: Escrow amount too low. Proceed thru the entire document, noting all issues and questions. When you are done, the pad will be a directory to issues in the Loan Package, with page numbers and reference to the issue. The Loan Documents will have the appropriate area circled. Then, in an organized manner, you can contact your loan officer to resolve all issues in one phone call. More links and update's from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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Mobil Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
Brought to you by Kenneth A Edelstein All Purpose Certified New York Mobile Notary
Free Legal Advice - Do you need a Notary or an Attorney?
I often get calls asking me to assist in the "preparation" of legal documents. "Just tell me what it needs to say," is the most common request. Being a New York State notary; I am bound by the NY Notary Laws. An excerpt follows: May not give advice on the law. The notary may not draw any kind of legal papers, such as wills, deeds, bills of sale, mortgages, chattel mortgages, contracts, leases, offers, options, incorporation papers, releases, mechanics liens, power of attorney, complaints and all legal pleadings, papers in summary proceedings to evict a tenant, or in bankruptcy, affidavits, or any papers which our courts have said are legal documents or papers.
The real function of the Notary is to verify the identification of persons signing legal documents under oath. In New York State, and most other jurisdictions; notaries are forbidden to create documents or give legal advice. Being a notary and knowing my state's Notary Law; allows me to perform the notarization process. I can make certain that the notarization meets all legal requirements.
For example: it is recommended that the embosser always be used for documents destined for processing outside of NY State. As a matter of procedure I emboss all notarizations routinely.It's a real temptation to help my clients draft what appears to be a simple document. But I must decline, no matter how "trivial."
Lawyers have the license and skills for legal document preparation, not notaries. The same applies to "legal advice." "Should I sign this," is another common question that I am forbidden to answer. However, there are some questions that a skilled notary can answer. "Where in this set of mortgage documents can I find the interest rate?" As a Certified Signing Agent, http://kenneth-a-edelstein.com is able to assist borrowers in finding key aspects within their loan documents. It's truly a fine line between that permitted assistance and "explaining the documents."
Often, when I decline to give a "legal opinion," my client tells me that the request is too trivial to warrant the expense of hiring an attorney. Free legal advice is easily obtainable. The source I usually suggest is the local political office. Assembly leaders,
Congressional representatives, and other elected officials frequently maintain neighborhood offices. These tend to be staffed by recent law school graduates, or beginning attorneys; who are authorized to give legal advice and assist in the creation of documents. More links and update's from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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How to be the world's WORST Notary / Signing Agent
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How to be the world's WORST Notary / Signing Agent
Never write things down - rely on your good memory. Book EVERY call that you get and go to the one that pays the most. Use the same stamp for life - after you cut off the "99" from the date then cut off the "19" and just write in the 2000 year. Never clean your stamp. Dress shabby - looking poor might get you a tip. Arrive late - they will appreciate you more when you finally show. Ignore all rules - backdate, fax notarizations, loan out your stamp and seal when you are on vacation - for a commission of course. Curse out the loan officer when the docs are late or over 50 pages. Shrink all e-docs to cheaper letter paper - legal paper costs too much anyway. Ship completed signings only on Saturday - it's easier to find parking.
Bait and Switch all "signing companies" demanding double the agreed fee - save this demand till an hour before scheduled time. Eat lots of beans and garlic - borrowers sign quickly in a flatulent environment. Charge extra for using your embosser - after all it's extra work. Never renew your commission - just update the stamp. Never check ID - nobody really gives a hoot who signed it as long as it's not blank. Retain the signature page of the mortgage till the title company pays you. If your check doesn't arrive promptly, sue the borrower - after all it's their signatures you notarized. Pirate other notaries web sites - imitation is the sincerest form of flattery. Send phony invoices to lots of Title Companies and signing agencies - collect what they did not pay other notaries.
You're entitled to give opinions about the interest rate and any aspect of the loan - be colorful in your comments.
Bring your lunch to the job - it shows you have good time management skills. Have the affiant sign in day glow green ink - legal docs need a bit of color. Always tell the borrower what you think they want to hear - promise anything to get them to sign quicker.
Put your stamp in the MIDDLE of the page - show them who's important. Never give the borrower a copy - most can't or won't read it anyway - and paper is expensive. Make a copy of the return FedEx/UPS airbill and use it to send your invoice if not paid in one week. When the borrower's apartment/home is a DUMP - it's OK to tell them so. You must tell all clients that you expect tips - otherwise how are they to know. This tongue in cheek humor from http://kenneth-a-edelstein.com
Park on the borrower's lawn so you won't be blocked in on their driveway. Any room without a No Smoking sign is your invitation to light up. If the borrower forgot to make a copy of their drivers' license just slip the original into the package when they are not looking. Make any changes to the documents that will get the borrower to sign - after all you are a public official with authority. A few drinks can help steady your hand. Off color, sexist and racist jokes show self confidence and professional ability. Never read signing instructions - who are they to boss you around? Keep phone charges down by calling the borrower collect. Learn to shortchange - clients usually have their mind on the documents. Never go alone - bring friends to help create a festive environment. Answer all "legal" questions with your best guess - it makes you appear very wise and lets you bill the borrower directly for your legal opinions. More links and update's from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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Mobil Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
Brought to you by Kenneth A Edelstein All Purpose Certified New York Mobile Notary
Sometimes you don't have to Sign the Document before the Notary.
While it's generally a good rule to not sign a document to be notarized until the notary is present; sometimes you can! It all depends on what the notary, (not you) will be saying. At the end of your document there is a "notary section" - it generally starts with "State of: and County of:. In the notary's statement (which is signed by the notary); most commonly are one of two key phrases. It is these phrases that determine if you can lawfully sign the document prior to the notarys arrival.
The first format "sworn to and subscribed before me"; has the keyword "subscribed" - this requires the notary to actually witness the signing process. No exceptions. All notarizations are "sworn to" - as a good notary will give the "oath" as part of the notarization process. But "subscribed" allows no leeway. You must wait for the notary to be present to witness your signature. What if you already signed? Most commonly the notary will simply ask you to sign again near the first signature. Some will request you to draw a single line thru the prior signature and initial the end of the line; a legal erasure.
However, if it says "this instrument was acknowledged before me" than the notary is only required to ask you if you did indeed sign the document! When you say "yes" you are acknowledging that you did do the relevant signature. Some notaries are not comfortable with this process, but it is "the letter of the law". I cover this and many other aspects and details about notarizations on my site: http://kenneth-a-edelstein.com and I invite you to use it as a resource for many notary related functions.
In either case above, as in any notarization; there is always the requirement for "face to face" contact with the notary. It is always illegal to notarize by Fax or phone. The notary always has the responsibility of checking your ID prior to completing the notarization. I often hear that the procedure is "difficult" - due to the ID checking and the face to face contact requirement. Please understand that the procedures are designed to protect you from someone impersonating you. Notaries must check your ID in person to verify your identity. Most times a government issued photo ID is required; a social security card does not have a picture and will rarely be accepted unless other identification is presented. More links. and update's from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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Exposed: Notarization does NOT make your document valid !
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"It's notarized, so it must be valid", is a common misconception about notarizations. What must be understood is the distinction between the content of a document and the signature on the document. Notarization verifies the identity of the affiant, the one who is stating that the document is true. What notarization does not do is make the content true, valid or reliable. A false notarized document is just that: a false notarized document.
It is not the function of the notary to read the document - at all. The responsibility of the notary is to check the identification of the person making the statement. The only part of the document that is "validated" by the notary is the signature! While it is poor notary practice to notarize a document known to be false, the notary has no requirement to read the entire document. For example: If, in the middle of a lengthy affidavit, the affiant includes the statement "I had dinner with Elvis on April 1st, 2008" - the notary would probably not notice the false claim. The document would be routinely notarized. The notarization certainly does not make the statement credible!
While notarization does not make a false statement valid, it does subject the affiant to criminal penalties. When you knowingly sign a false statement, and have it notarized, the crime is perjury, not something to take lightly. False statements on notarized documents are legally the same as false statements made in court under oath. This concept is further explored and other aspects of notarizations on my site: http://kenneth-a-edelstein.com. It is vital to understand that notarization addresses the validity of the signature only. Even then, a clever forgery can fool a notary, it's not often the situation; but certainly possible. More links and update's from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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Mobil Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
Beware of Junk Notarizations brought to you by Kenneth A Edelstein All Purpose Certified New York Mobile Notary
Often it is a legal requirement for a document to be notarized. Without the notarization the document may be unacceptable, as when a Mortgage needs to be recorded with the county clerk's office. A flawed notarization is the same as no notarization at all. The county officials are very familiar with the legal requirements for a notarization and will reject on sight a flawed document. If the mortgage, for example, can't be recorded; the entire transaction is in peril
The most common "Junk Notarization" is when the notary only stamps and signs the document. This is not a legal notarization. Notaries are required to "make a statement", eg: "sworn to before me on mm/dd/yy by "affiant name"". Also the "venue" or where the notarization took place is required. That is the reason the "State of New York" and "County of Richmond", for example; appears at the start of a notarization. The notary is also required to give the affiant an oath, asking if the document is truthful and if they signed, and understood the document.
Sometimes a "Junk Notarization" can be fixed by returning it to the Notary of Record who did the initial notarization and have them add the missing components. Other times, the document must be re-signed. My web site has tips and checklists on how to avoid a "Junk Notarization". Visit http://kenneth-a-edelstein.com for details. Specific information is in the "About Me" and "Notary at Your Location" pages. An improperly notarized document might be discovered immediately, or years later. Whenever it is - you can be sure it will be a source of grief and expense that can be easily avoided by learning the basics of what a notary should do. More Links Update from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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