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· Quality |
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· Integrity · Reliability · Confidentiality |
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Joel Klutch,
California Mobile Notary Public |
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Some Frequently-Asked Notary Questions |
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| What is a notary public? |
In California, a notary public is an individual commissioned by the California Secretary of State to serve the public as an impartial witness, usually for the purpose of administering oaths and attesting to the authenticity of signatures on documents. The notary must: properly identify each person being notarized (see acceptable forms of identification); ensure that documents contain - or have appended to them - notarial wording that conforms to California legal requirements; sign the documents; affix an official seal, and; keep a record of all notarizations in a journal that must be made available to government authorities upon request. For the public's security and protection, the notary's official seal includes uniquely-identifying information so that no two notaries' seals are identical. |
| What is the difference between a notary public and a "mobile" notary public? |
| The substantive difference between a notary public and a mobile notary public is the word "mobile", and what it means for you. The mobile notary public (also known as a traveling notary public) comes to your home, your place of business, or wherever else you like, to perform his work at a date, time, and location convenient for you. Many people requiring notarizations don't have the time, the ability, or the access to travel to a notary's place of business. Many people have such busy schedules that it is more cost-effective and time-efficient to have a mobile notary come to them. For many people, a mobile notary provides the best - and sometimes the only - means of getting documents notarized. A competent mobile notary arrives where you want, when you want, fully-equipped to get the job done right. |
| Why do documents require notarizing? |
Essentially, to deter fraud. To help protect the rights of the persons whose signatures are being notarized. It is the responsibility of the notary, serving as an impartial witness and public official, to ensure that the signers of notarized documents are indeed who they claim to be, and not impostors. It is also incumbent upon the notary to make certain that signers enter into notarized agreements knowingly and willingly, with full understanding, free of coercion or duress. Because deliberate acts of fraud are attempted - and perpetrated - frequently, it is important that signers of notarized documents be protected as diligently as possible. |
| Is notarization required by law? |
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For certain documents, yes. Many affidavits, real estate deeds, loan papers, powers of attorney, and other types of documents must be properly notarized to become legally binding. Oftentimes one of the simplest ways to determine whether a document requires notarizing is to examine it - specifically, in the vicinity of the signature area - for notarial wording, such as "...acknowledged to me..." or "...subscribed and sworn to before me..." The precise wording varies, so use these examples only as a general guide. Also be aware that not all documents requiring notarizing contain notarial wording; in such cases, the notary must recognize these omissions and add the necessary notarial wording to the documents before they can be notarized. |
| How do I know whether a document requires notarizing? |
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The institution that issues a document should tell you whether notarizing is necessary. If you see the presence of notarial wording on a document, you know that notarization is required. But the absence of notarial wording does not necessarily mean that a document does not require notarizing. So if you're not sure, don't be afraid to ask. If you're creating your own document, whether to have it notarized is often a personal decision made by the signers of the document. |
| Does notarization guarantee that a document is "true" or "legal"? |
In a word, no. Notary publics are held accountable for verifying the identity of signers and for maintaining an official journal containing essential information regarding each notarization, but not for the accuracy, content, or legality of documents they notarize. It is important for you to understand that the signers themselves are legally responsible for the documents they sign. However, a skilled notary can often provide valuable assistance and guidance (although not legal advice) to help you understand the meaning, purpose, and potential ramifications of your documents. |
| Does a document have to be signed in the notary’s presence? |
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Documents requiring an acknowledgment do not have to be signed in the notary's presence. However, the signer must appear before the notary to acknowledge that he or she freely signed the document. An acknowledgment certificate (completed by the notary) indicates that the signer personally appeared before the notary, was properly identified by the notary, and acknowledged to the notary that the document was freely signed. On the other hand, documents requiring a jurat must be signed in the notary's presence, as indicated by typical jurat wording: "...subscribed and sworn to before me..." In executing a jurat, a notary guarantees that the signer personally appeared, was administered an oath or affirmation by the notary, and signed in the notary's presence. Regardless of whether the notarization requires an acknowledgment or a jurat, all signers must also sign the notary's official journal (the "journal of notarial acts"). |
| What form of identification must be presented to the notary? |
Many forms of government-issued photo identification are acceptable. At the very least they should include photograph, signature, unique identifying number, and name of issuing agency. Ideally they should also include birth date, issue date, expiration date, and residential address. The most common examples: - driver's license or ID card issued by a U.S. state, Canada, or Mexico - U.S. military ID card - U.S. passport - non-U.S. passport stamped by the U.S. Department of Homeland Security - inmate identification card |
| Can you notarize my document if I don't have acceptable photo identification? |
Yes. This is usually done by using a "credible identifying witness". If you don't have - and cannot reasonably obtain - appropriate identification, I just need two people who know you (they cannot be named in your document, nor can they be in a position to benefit from the notarization; in other words, they cannot be "parties" to the document). You sign the document, they show me appropriate identification, they sign your document as witnesses, and I administer an oath to them. I can then notarize your document. |
| Can a fax or photocopy be notarized? |
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Note that some public recorders will not accept notarized signatures on faxed or photocopied pages because they often do not reproduce legibly (e.g., when microfilming, photocopying, scanning, etc.). Also, if a document has been faxed onto glossy paper, the fax should be photocopied onto bond paper, and that copy then signed and notarized, as wording on glossy fax paper often fades quickly and illegibly. When carbon copies are made, the notary will sometimes be asked to conform, rather than to notarize, the copies. To conform a copy, the notary must reaffix his official seal on the copy (carbon usually does not readily transfer a seal impression) and write "Conformed Copy" prominently across the copy. |
| Can a document that contains blank spaces be notarized? |
A prudent notary should scan the document for blanks and ask the signer to fill them in. If they are intended to be left blank, the signer would be wise to line through them or write "N/A". This provides you with an added measure of protection by deterring or preventing others from later fraudulently adding their names or other information to your notarized documents without your knowledge or consent. |
| Can an undated document be notarized? |
Yes. Even though a dated document is preferable, many documents that require notarizing do not include a date. |
| Can a passport or driver's license be notarized? |
The actual passport or driver's license cannot be notarized, but for these types of documents a California notary can perform a "copy certification by document custodian". To do this, the holder of the original document makes a photocopy of the document, and certifies the copy by means of a written statement. The notary then notarizes the signed, written statement. |
| Can vital records - such as birth certificates or death certificates - be notarized? |
In California, a notary cannot notarize vital records, but can notarize an affidavit of a person requesting certified copies of these items. Certified copies of vital records are available through the clerk/recorder's office in the county where the event occurred. |
| Can a will be notarized? |
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Because wills are such sensitive and often-contested documents, there can be certain inherent risks for notaries - and signers - involved with them. Notaries who - even with the best of intentions - make the mistake of helping others prepare a will may be sued by would-be or dissatisfied heirs. Some individuals prepare their own wills and bring them to notaries with the intent of having them "legalized". They may even depend upon the notary to recommend what kind of notarial act is appropriate. But notaries have no legal authority to offer such advice. And, whether notarized or not, these wills may subsequently prove to be of little value in a court of law if they are not properly prepared. However, it is not illegal for a notary public to notarize a will. Two impartial witnesses are required to sign as well. Some lawyers would have you believe that they are the only ones qualified to prepare a valid will. But many people prepare their own valid wills without any legal assistance whatsoever. And many lawyers prepare wills that are later ruled invalid because of mistakes by the lawyer. |
| What is a certified notary signing agent? |
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In order to become certified as a notary signing agent, one must successfully complete an examination administered by a credible, independent entity. I am certified as a notary signing agent by the National Notary Association (NNA), the most recognized and respected notary organization in the United States. I am also a member of the NNA's Notary Signing Agent Section and the National Association of Signing Agents. |
| How much do you charge for your services, and how do your rates compare to other notaries? |
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If you're an individual or a local business: For notarizations in Berkeley, Oakland, and the immediate area, I charge a $35 travel fee and $10 per notarized signature. For example: if you require one notarized signature, the cost is $45 ($35 travel fee + $10 to notarize one signature); if you require four notarized signatures, the cost is $75 ($35 travel fee + $40 to notarize four signatures); and so on... For San Francisco and other areas located beyond the immediate Berkeley / Oakland area, my travel fee is slightly higher. (Travel fees vary depending upon the distance and location involved, so please inquire to obtain a precise quote for your specific needs.) If you represent a lender, mortgage broker, title company, or signing service, and would like me to serve as the notary signing agent for a loan document package: My fee can be negotiated based upon such factors as: number and type of documents; method by which the documents are transmitted (email, courier service such as FedEx or UPS, etc.); amount of lead-time provided; urgency with which the documents must be completed and returned; travel requirements; and reasonable consideration of other any other special circumstances. And, unlike many others, I do not charge extra for holidays, weekends, or evenings. Whether it's Christmas or Kwanzaa, Easter Sunday or July 4th, New Year's Eve or Thanksgiving, my rates do not increase. So if you need it done on a special day, not to worry. Likewise, if you require my services at 10:00 p.m. (or even later), there's no additional charge. And that includes weekends. Whatever your notary needs may be, I'm always sincerely interested in earning your trust and your business. I strive to keep my fees as reasonable as possible while maintaining the highest standards of quality in the industry. If you have any questions regarding my fees or what I would charge for your specific needs, feel free to call me at 510-847-9323 and it will be my pleasure to assist you. Please understand that while I must charge what is reasonable for the premium level of service I offer, I'm always glad to work with you in an effort to arrive at a fee you can comfortably afford. What does "premium
level of service" mean? |
| What methods of payment do you accept? |
In addition to accepting checks and cash, I also offer the convenience of PayPal, which allows you to pay safely and securely online using your banking account, debit card, or credit card. And, unlike many others, I do not require payment at the time of service. You may pay me at the time of service if you wish, or I'll be glad to email you an invoice after the notarization has been completed. Because your complete satisfaction is my first priority, I want you to feel absolutely confident that my performance has met or exceeded your expectations before you compensate me for my services. |
| Joel, I have some questions that are not answered here. Can you help me with them? |
I'm always glad to provide assistance to anyone who needs it. Feel free to call me at 510-847-9323 or drop me an email at info@drivenotary.com and I'll do my best to help with any questions you may have. |
Mobile
Notary Public and Certified Notary Signing Agent
serving all your notary needs in the following Northern California locations:
(for areas not
listed, please inquire)
| Alameda | El Cerrito | Millbrae | San Francisco |
| Alameda County | El Sobrante | Mill Valley | San Francisco County |
| Albany | Emeryville | Moraga | San Leandro |
| Benicia | Fairfax | Newark | San Lorenzo |
| Berkeley | Foster City | Oakland | San Mateo |
| Blackhawk | Fremont | Orinda | San Mateo County |
| Brisbane | Greenbrae | Pacifica | San Pablo |
| Burlingame | Hayward | Piedmont | San Rafael |
| Castro Valley | Hercules | Pinole | San Ramon |
| Colma | Hillsborough | Pleasant Hill | Sausalito |
| Concord | Kensington | Pleasanton | Solano County |
| Contra Costa County | Kentfield | Point Richmond | South San Francisco |
| Corte Madera | Lafayette | Richmond | Tiburon |
| Daly City | Larkspur | Rodeo | Union City |
| Danville | Marin County | San Anselmo | Vallejo |
| Dublin | Martinez | San Bruno | Walnut Creek |
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Joel Klutch,
California Mobile Notary Public Mobile Notary Public and Certified Notary Signing Agent for the Berkeley / Oakland / San Francisco California Bay Area call 510-681-0045 |
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