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What You Need to Know About the Virginia Online Notary Law

August 28th, 2012

As of July 1, 2012, Virginia became the first ever state that legally allows people to request online notarization from an electronic notary (enotary), using audio-visual conference technology. With the full support of banks and consumer groups, the SB 827 and HB 2318 bills were submitted as remedy to robosigning and other fraudulent acts.

Under the Virginia law, any person can now get notarization online. However, make sure that the enotary is appointed and commissioned in Virginia. For security purposes, all online notarial acts should be recorded in a video, and should use state-approved identification providers.

What are Mobile Notary Services?

August 21st, 2012

Are you looking for an answer to the question, “What are mobile notary services?” If yes, then you came to the right place. Before we delve further with the topic, we may need to discuss first on what is a mobile notary. Is a mobile notary a new breed of notaries public? Well, you can say that they are, but actually a mobile notary is just basically a notary public. They are only called a mobile notary when they start offering notary services to the location of the person requesting notarization. Simply put, a mobile notary travels to your place to witness the signing of documents and perform other notarial acts.

The services that a mobile notary may perform includes the notarization of agreements, loan documents, contracts, deeds, jurats, affidavits, depositions, oaths, real estate documents, and other legal documents. Aside from the standard notary fees for each document notarization, the notary may charge an additional fee for mobile notary services that includes transportation expenses. You may want to visit or call your Secretary of State’s notary department to inquire about the latest rates on notarization.

The biggest advantage of acquiring mobile notary services from a notary public is its convenience. It’s easier for people now to request notarization because they don’t have to find and go to the location of the notary public. This is perfect for older people who can’t travel or those individuals with physical disability or impairment. Additionally, mobile notaries are usually available every during evenings and weekends. Make sure to ask the mobile notary their terms and services.

To have the mobile notary services done properly by the mobile notary, you need to be prepared in terms of the notary requirements. You should be ready to provide any valid proof of identification in order to establish that you are indeed the person signing the document. By the time the notary arrives in your place, you can have your document notarized in no time. In this way, you will not waste the time of the mobile notary public and yours.

What Are Loan Documents?

August 21st, 2012

Loan documents are the official papers that a borrower needs to sign before a lender advances any monetary funds to the borrower. In loan documents like Escrow Account Disclosure and Closing Instructions, the borrower only needs to sign his or name. However, you need a notary public to notarize loan documents like Subordination Agreement and Deed of Trust. Although, it is recommended to have all your loan documents notarized to protect all parties who signed the loan agreement.

If you are borrowing from an individual, you may enter into an agreement by creating a personal loan document. To make the document official, you may need to have it notarized by a notary public. In doing so, you are protecting yourself from any possible legal complications in the future.

Deed of Trust or Mortgage is one of the documents signed during loan closings. It usually contains the amount of the loan, the property’s description, loan maturity, and loan provisions. To make the loan document a legal binding agreement, a notary public must notarize the deed of trust or mortgage.

The loan document used to insure a loan is the Mortgagor’s Affidavit. This document is commonly used by a Private Mortgage Insurance Company, Veterans Administration, and Federal Housing Administration.

What is the Interstate Recognition of Notarizations Act?

July 17th, 2012

There is a large amount of controversy that surrounds the White House’s rejection of the Interstate Recognition of Notarizations (IRON) Act and it’s universal recognition of out of state notarizations. There were several years that had many attempts that were unsuccessful there was a bill that passed out of Congress as H.R. 3808 in September of 2010. This was then sent to the President for his signature. There were concerns about how the new law’s were going to affect the consumer protections for mortgages. In less than one month later, President Obama vetoed it.

There was a mixed reaction to the bill. Before the concerns of electronic signatures of signing the mortgage foreclosure documents was the IRON Act. This is a bill that was introduced as being able to enhance interstate commerce by creating a federal standard for the notarization of documents. To be recognized as a lawful notarization the law would have required federal and state courts to recognize any lawful notarization made by the notary public who is licensed or commissioned under the laws of any state if:

What is a Notary Statement?

July 12th, 2012

A notary statement is one of the most valuable business tools that a notary public uses in every notary transaction. In the notary world, notary statements are also known as notary forms. Notaries public are required to familiarize all the different kinds of statements to be used in each request of document notarization. The content of a notary statement varies in each document. These documents may include oaths, acknowledgments, affidavits, depositions, and certificates. Also, each state might have a different requirements on what a notary statement may include in its paragraphs. So make sure to check out your Secretary of State’s website for the latest updates on notary statements.

To have an idea on the different types of notary statement, please see the list below:

What is a Notarized Letter?

July 10th, 2012

A notarized letter is simply a letter with a notary seal or signature from a notary public. Technically, there is no such thing as a notary letter or notary letters. A letter only becomes a notarized letter when you have it notarized by a notary. Some of the letters that are being notarized includes permission slips or consent forms for your student’s school.

To create the letter, you only need to write it like you would on a formal letter — complete with your name and address; the recipient’s name and address; the day and date; a clear statement on the purpose of the letter; and enough spaces at the end of the letter for your signature and the notary public’s seal and signature.

Having a notarized letter provides you protection when it comes to the validity of the document. Each notarized letter is safeguarded by the notary seal or signature. The notary seal or signature affixed on the notarized letter establishes that the document was verified by a notary public. However, it is important to note that a notary public does not notarized the letter as a whole — only the signature is notarized by the notary public.

What is a Mobile Notary?

July 3rd, 2012

Wondering what is a mobile notary? A mobile notary is a commissioned notary public who travels to the location of the person requesting a notary service. Aside from the standard notary public fees, a mobile notary charges another fee for the transportation. And just like any regular notary public, mobile notaries are still required to follow all the notary laws and proper procedures — which are set forth by the state — in handling notarization. It means that a mobile notary is still going to request that you provide any valid proof of identification prior to affixing his or her notary seal or signature on the document.

If you’re interested to become a mobile notary, all you have to do is obtain a notary public appointment in your state. You can visit your Secretary of State’s notary division to start your notary public application. Or you can read our post on how to become a notary.

What are Electronic Notarizations?

June 20th, 2012

Electronic notarizations, also known as enotarizations, is the digital and now online process in notarizing a document. It mainly involves having an electronic document notarized by an electronic notary or enotary. Many states are already implementing electronic notarizations to provide a more convenient way to perform notarial acts electronically. Some of these states includes Virginia, Pennsylvania, North Carolina, New Mexico, and Colorado. To check if your state is already offering electronic notarizations, you can visit your Secretary of State’s website.

And just like traditional paper-based notarizations, electronic notarizations still require electronic notaries to use electronic notary signature or electronic notary seal in executing notary services. All electronic notaries are still required to follow the Notary Law provided by their state. Some of these laws might still require those people requesting electronic notarizations to physically appear before the electronic notary. While other states might already allow electronic notarizations through audio-video channels. It is important to ask the electronic notary all the required steps in getting a proper electronic notarization.

What are Notary Forms?

June 12th, 2012

Along with the notary signature, another valuable business tool that a notary public must possess are notary forms or notary statements. These forms or statements are specially designed to be used in all notarial acts, which includes acknowledgments, certificates, oaths, affidavits, and depositions. The content of the notary forms may vary from state to state, so make sure to review and familiarize all the proper notary statements that are approved by your Secretary of State’s notary department.

Here are some of the notary forms that are used during notarization:

  • Certificate of Acknowledgment Form
  • Certificate for Proof by Witness Form
  • Jurat Form
  • Verifications Form
  • Oath or Affirmation Form
  • Deposition Form
  • Protests Form
  • Certified Copy of a Notarial Record Form
  • Certified Copy of Non-Recordable Document Form

What are Online Notary Services?

June 7th, 2012

With the advent of mobile devices like smartphones and tablets, trying to find a notary public online has never been easier. And with that, many notaries public have now taken their local notary services onto the Internet to establish their presence online. It is then safe to say that online notary services have brought notarization to the next level, including notary directories, notary classes, certificates and more all online.

In the past, having a document notarized involved looking for a notary public in your area, either by searching in a phone directory or asking around. The Internet has changed the landscape so much in the notarization world as it gave notaries an easier way to be found. With online notary services, you now have more resources to market themselves as compared to before without the online option.

If you’re a notary public and haven’t taken your services online, now is the time to do that. First, you have to lists your notary business for free on notary directory site like Find Notary. Then, you can start making your business known by doing some Facebook marketing, Google Plus marketing, or starting a notary blog.

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