Archive | November, 2020

Mobile Notary for Businesses or Public Travels San Diego County.

18 Nov

Steve the San Diego Mobile Notary Guy!

I am a business and public mobile notary specialist traveling through the San Diego County region providing fast and accurate notaries!  When you want to find a mobile notary near you in San Diego or anywhere in the County of San Diego, call Steve at 619-278-9201. I am a professional San Diego Notary with 10+ years as a Notary Public for the state of California and am licensed, bonded, and insured. I have many repeat customers! My background in Real Estate helps with notarizing loan documents and legal documents. I travel throughout San Diego County and have many repeat customers! Call me for any questions or to schedule an appointment. Make me your affordable notary! I drive anywhere in Diego County, but service some communities like: Kearny Mesa, Clairemont Mesa, Tierrasanta, Sorrento Valley, Miramar, Coronado, La Jolla, Pacific Beach, North Park, Hillcrest, Banker’s Hill, South Park, Kensington, Normal Heights, Mission Valley, Miramar, Scripp’s Ranch, Carmel Mountain.

Call (619) 278-9201 The San Diego Mobile Notary provides mobile notary services in San Diego County. Mobile Notary for Businesses, Public, Hospitals, Banks, Jails.

https://thesandiegomobilenotary.com

Are Electronic Notary Signatures Allowed in California?

5 Nov

I occasionally get a client who has a document that he or she needs to get notarized, but the form is requesting an electronic signature from the signer. Generally, it is from an entity that is located outside of California that allows electronic signatures. Here is what the notary handbook says on the subject from the Secretary of State Web Site: https://www.sos.ca.gov/notary/handbook .

§ 1633.11. Notarization and signature under penalty of perjury requirements:
(a) If a law requires that a signature be notarized, the requirement is satisfied with respect to an electronic signature if an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law.

*While California does allow electronic signatures for notarizations, at the present time it is unfeasible to do them electronically.

I called the Secretary of State Notary Public phone line and spoke with a helpful supervisor on the subject. She said that while electronic notarizations are allowed in California, most Counties in California are not set up to have electronic on-line journals of record needed for notarizations to occur. In addition, the representative told me that if a Notary Public was able to do the notary electronically, that he or she could not go back to manual physical paperwork notaries with a log book! So, as of right now, it’s all or none. Until that time comes when all Counties in California are set up for electronic notarizations and a Notary Public can do both online notarizations and physical notarizations, it is not feasible for the Notary Public to be in an “either/or” situation. I will stick only to manual “wet signature and stamp” notarizations.

Personally, I see few issues with on-line notarizations. One reason we do notarizations is to prevent fraud from occurring. We make sure the signer shows up in front of us, we id him or her with proper documentation, then watch him or her sign the document/journal and put a thumbprint in the journal. A “wet” seal is placed on the document with the notary wording and signature of the Notary Public. It’s an added level of protection to the business or entity requiring the notarization. However, if the notarization were all electronic, a digital notary wording document with an electronic seal and notary signature would have to be attached somehow to the requested document to be notarized. And people’s signatures electronically do not look anything like their signature on a driver’s license or passport. We verify this at the actual notary appointment to prevent fraud. Also, the notary journal would have to be electronic. The signature in the electronic journal would have to match the id as well. Thumbprints that are required for certain documents, would probably have to have a live scan uploaded to the electronic journal.

As everyone is going digital, more data breaches are occurring and there is an increased threat of fraud occurring. The purpose of the Notary Public is to prevent fraud and protect everyone involved in the transaction. Just an added level of security protection for peace of mind!

So while California may not be quite ready for online notary signatures and notarizations, maybe it’s a little more prepared to prevent fraud than some other states that do on-line notarizations?!


Capacity of the Signer

3 Nov

In my years working as a Notary Public, I have worked with many different clients from different backgrounds. While most customers are on the “up and up,” there a a few who act a little shady. For instance, I might get a call from a possible client asking for a Power of Attorney for their relative, friend or business partner who is in the hospital. I do not know these people calling me on the phone requesting an appointment. I, the Notary, must follow strict notary guidelines regarding identifications, capacity of the signer, signature requirements, witness requirements, etc. This is not only to protect the Notary Public, but protects the signer from someone who may try to have a signer give up all their rights to someone else trying to swindle the signer out of their money. The notarial Certificate of Acknowledgment states that signer appeared before the Notary, showed satisfactory identification, and most importantly, signed the document in their authorized capacity. This means that the signer must be lucent enough to know what transaction is taking place and is able to sign their name or make an “X” in their own authorized capacity. A Notary Public can refuse to do the notary if he or she feels that the signer is not capable of understanding what they are signing or cannot even hold the pen to sign or put an “X” on the document and journal. I’ve had a few instances where the client waited too long to prepare legal documents such as Power of Attorney, Health Care Directives, and wills. The client is anxious to complete these documents since the signer is in the hospital and may die within a few days. I’ve been told on the phone that the signer is able to sign their name only to show up and the signer is so “out of it,” they cannot even hold a pen to do their signature. This is a waste of time and money for the client, signer, and notary if this happens because the notary cannot perform the notarization if the signer cannot hold a pen to put their signature or “X” on the legal document. In addition, Notary Publics in CA are cannot give any legal advice, are not lawyers, and cannot verify the truthfulness, accuracy, or validity of the documents being signed. This is to protect everyone in the transaction. So, when making a notary appointment for a person who is in the hospital, make sure your signer can actually sign the document before the notary appointment, has proper non-expired id, paperwork is filled out (except for the signatures), and any witnesses involved be present at time of notarization. Because if you wait too long, the signer may not be able to sign, and the notary may refuse to do the notarization. Since these are legal documents, the best option at this point would be to seek the advice of a licensed attorney.