How to make your Notary Crazy

There are many ways to make a notary crazy. This post departs from my usual “dry” factual entries, to, with a bit of humor; describe some of the situations that have substantially affected my brown hair to white hair ratio, favoring the latter. Money, time, and information seem central to creating a frustrating situation. “I just have 2 documents to notarize”, states my caller with a very sincere voice. I quote a price and arrive to find that in addition to the 2 documents there is a need to notarize the 57 copies! “But they’re just copies!” – sayeth the client. Now it’s time for a new fee discussion, and “out the window” with my carefully planned route / schedule. I always ask about the client’s ID – is it government issued with a photo? Then I arrive to find they have a Social Security card (no picture), and proudly present to me a photo ID from “Freddie’s Gym”.

As a New York Mobile Notary Public – with emphasis on the “mobile” – I get to go to interesting places. Client apartments can be rife with distractions: squalling kids, barking dogs, flying birds, jumping cats; and let me not forget to mention: nudists. One rugged client; on a cold and windy day, wanted to sign papers (a thick stack of loan documents) on a park bench. There is nothing like hearing the “clang” of the metal door sliding shut when you enter a prison or secured section of a mental hospital facility – they warn you: “Don’t lose your exit pass, without it you become a new resident”. One rush job, considering New York City traffic, required me to use my motorcycle – and notarize the documents using a clipboard on the gas tank of the bike.

Notaries are strongly forbidden, unless they are also attorneys, to “practice law”; which includes the creation of legal documents or giving legal advice. “But you know more about this stuff than I do – tell me how to word the contract”, is an all too common request. I explain my legal limitations and the client simply rewords the same request – several times. I offer services at all days and times. However, being human, I need to sleep sometimes. Receiving a casual question, at 4AM, causes another hair of Kenneth A. Edelstein to turn white. On my site I request “wee hour” calls are limited to genuine emergencies.

Misinformation can be the greatest cause of notary frustration. My client has a serious problem and a tight deadline. However, the meeting address is not accurate, and they are not answering the now presumed to be incorrect cell phone number. I have other work to do. An hour after the scheduled meeting they call – outraged that I did not honor my commitment to meet them. I explain that the carefully logged address does not exist, nor did they answer their cell. “Oh – that address was “where I was”, “not where I want to meet you” – and my cell number changed last week – can you get here in 10 minutes?

Ketwords: New York Mobile Notary, NY Notary Public, Traveling Notary Public, Apostille, Authentication Certificates, New York Signing Agent, Mobile Notary, Airline Emergency Notarizations,  Loan Closers, New York Oaths, New York Affidavits, Fingerprinting, newyorkmobilenynotarypublic.com, Apostille Certificates, New York County Clerk, Notarized Documents, Domestic Partnership Agreements, Fingerprinting Services, 24/7 Notary Public, Witness Signing

Your old Vital Records are often useless

It happens two or three times a week.

My clients are positively stunned to discover that their Birth Certificate is useless for the processing they desire. That Birth Certificate is the one that Mom received so long ago. “But it’s the original – how can it be useless” is the most common lament. As a New York Mobile Notary Public I tell them what they need is a newly issued “Certified Copy”. “A copy? – but I have the original, certainly that is better than some copy”. Alas, but they are wrong – and there are several reasons for that reality.

Perhaps the major reason is the nature of their original certificate – issued so long ago. That was a time when photocopiers did not exist, identity theft had not been invented, and the need for information security was epitomized by storage in a safe deposit box. I use a Birth Certificate as an example here. But the same problem applies for many “old” records: Marriage, Divorce, School records, Death certificates and many others. They are just too easy to manipulate with modern computers; graphic software, photocopiers, and color printers. They are all products of our modern era, which did not exist when the documents were issued.

Certified copies, from the vaults keeping the original records are basically photocopies of the same document you have in your possession. However, they are certified with complex and hard to duplicate technology. I have seen “wavy” multicolored seals, embossing, watermarked paper, and other anti-forgery technology used when “certified copies” are issued by various municipal governmental entities. It is that “tamperproof” aspect that makes the newly issued “certified copy” acceptable for modern day use. The content will often be exactly the same as your treasured old original document, only the “packaging” changes.

Kenneth A. Edelstein strongly advises you to take an inventory of your “old” records and apply for modern versions – prior to any personal or “estate” need. The processing time for obtaining these documents can be lengthy. A sudden need, as when you have to show an “acceptable” Birth Certificate to board a cruise ship, is not the time to begin the application process. In my personal opinion, everyone should apply for and have a current passport – the gold standard for identification. That, with a certified copy of your Birth Certificate, again in my personal opinion, is the absolute minimum for personal documentation. However, they are just the starting point. You should review all of your “old” records and have a competent attorney advise you as to which documents should be upgraded to current versions.

You Need an Expert Notary

Why you need an Expert Notary

Think about it, there is practically no service or product that cannot be produced more cheaply, and be offered at a lower price. We all want to monitor our expenses. But sometimes a small savings initially, can result in a large penalty later down the road. I am a professional with the skills and equipment required to process properly, the first time, any situation. A significant part of my work as a New York Mobile Notary Public involves fixing the mistakes of others. Sometimes the mistake is by the notary, other times my client followed the wrong path. The perception of the notarization process is that it is simple and standardized; that is wrong.

Perhaps the worst possible situations are when the notarization is not valid, and the document falls; because it requires notarization. Almost as bad: is when the improper notarization is part of a chain of events, and the next step cannot be accomplished. To the untrained eye, the appearance of a notary stamp and signature – is a notarization. That is not the case, there are several other required components required to make a valid notarization. It seems OK, until a trained eye spots the defect – in a courtroom, at a municipal office, or by an opposing attorney.

On my web site, Kenneth A. Edelstein I describe the necessary components for a proper notarization. The most common faulty notarization is when there is not a prewritten notary section; and the notary only stamps and signs – omitting several state requirements. Even a perfectly executed notarization may be useless. There are many documents which require a far different process – then you signing; and having your signature notarized. One example is the very tightly regulated procedures for the processing of educational documents. In New York State, your signature cannot certify a copy of a transcript, degree, or diploma. The proper procedure is for the notary to verify the Registrar’s letter; on school stationary – which describes the document in detail.

There are many special cases, in addition to educational documents. Wills, Civil Affidavits; Birth, Death & Marriage Certificates – all require knowledge of proper notary procedures. The procedures are not especially complex or hard to follow. It’s just that when notarization is done as a sideline to a person’s main profession – they tend to not keep up with changing requirements. One client told me they reserve me for their important documents, and take the trivial documents to the notary at the bank. I often wonder how this person determines the trivial from the important. Generally, if it requires notarization – it’s probably important that it be processed correctly – the first time.

Foreign Languages and the Notary

"It's written in Bulgarian, can you notarize it?"

Sure, not a problem is my response. It is not the responsibility of the notary to be able to read the document. However, language issues do come into play in the notaries' profession. A distinction must be made between the language of the document and the language of the affiant, the one who will be signing the document. While the notary does not need to be able to read the document, the notary does need to be able to communicate with the affiant. It is the responsibility of the notary to give the "notary oath" to the person signing.

This is often a problem. It is not permissible to use a translator. Communication between the affiant and the notary must be direct. Furthermore, the notary must be certain that the affiant understands the gravity of the oath. Merely giving the oath and receiving the "yes" is not enough - I, Kenneth A. Edelstein am required to actually communicate the oath and be sure that it is understood. When speaking to the affiant - and finding that the notary and the affiant share a common language - usually English - the understanding is obvious. But, when the affiant does not speak the language of the notary there is no real direct communications.

The best solution is to find a notary that speaks the language of the person who will be signing the document. This, at times, can be nearly impossible, even in New York; where almost every language is spoken. However, there is a solution. The use of the "subscribing witness" procedure can sometimes solve the problem. In this scenario, it is the signatures of the "subscribing witnesses" that are notarized. They, in turn, are stating that they know the affiant, have seen the affiant sign the document, and it is their signatures that are notarized. Care should be taken to be sure that this form of notarization will be acceptable by the receiver of the document - as this is a very rarely used procedure. To complicate matters, some jurisdictions require that the subscribing witnesses be "personally" known to the notary - prior to the signing event.

As a New York Mobile Notary Public working in New York City, I have frequently been in mixed language situations. Not all are solvable. Direct notarization of the affiant's signature is one option for a document, there are others. Sometimes the more complex "Court Appointed Guardian" - who can legally sign "in place of" the affiant, is the way to go. The simpler "Power of Attorney" solution has the "how does that (the power of attorney itself) get signed" problem - and is often not the solution. As is often the case, situations that are beyond the skill and legal authority of a notary should be brought to an attorney for resolution and advice.

keywords: New York Mobile Notary, NY Notary Public, Traveling Notary Public, Apostille, Authentication Certificates, New York Signing Agent, Mobile Notary, Airline Emergency Notarizations,  Loan Closers, New York Oaths, New York Affidavits, Fingerprinting, newyorkmobilenynotarypublic.com, Apostille Certificates, New York County Clerk, Notarized Documents, Domestic Partnership Agreements, Fingerprinting Services, 24/7 Notary Public, Witness Signing

Can you Apostille this?

As a general rule, anything that can be notarized can receive an Apostille.

However you must consider that the notary does the notarization; often at the client premises, while the Apostille is issue at the office of the Department of State. I have actually notarized a fish, honest. The angler wrote with magic marker on the side of the fish "I caught this fish" and I attached a "loose acknowledgement" with a staple to the tail. Thus, he had from Kenneth A. Edelstein a validly notarized fish! However, I would hesitate to bring the notarization bearing fish to the office of the State Department for an Apostille. I suggested he take a picture of the fish, which I notarized and then Apostille processed the photograph. He simply signed the back of the picture with his "I caught...." statement.

It is much more common to notarize paper documents. These vary from: copies of a passport, officially issued copies of a marriage license, to business contracts. Just about any document that can be signed can receive an Apostille after a valid notarization. After the notarization, which must be flawless, some jurisdictions require the notary's signature to be validated. I would not bring a fish to the municipal building to have my signature verified! Some documents contain a "notarization" when they are issued. In New York City, the "long form" of Birth, Death, and Marriage certificates are issued "notarized".

As a New York Mobile Notary Public, over the past decade, my experiences have varied from the routine to the extraordinary. I have obtained a single Apostille for a Power of Attorney for a lady's attorney in Italy to sell her villa. At the other extreme, I was instrumental in processing literally dozens of Apostille bearing forms, for several nations; relating to the sale of a supertanker. Many of these also required Embassy Legalization for the sale to proceed. That was a project! However, most clients have lesser needs - but to them the accuracy and speed are just as important. The key to a successful Apostille project is the foundational notarization - it must be perfect.

As a general rule it is best to obtain an Apostille, when state or county issued documents are involved; in the state where the documents were issued. It is possible to bypass this suggestion - but the Apostille obtained might not be acceptable at the point of use. You should discuss the actual ultimate use of the document with your notary. If the notary is not sure how you should proceed, your situation should be brought to an attorney. A notary is forbidden to give legal - "how shall I proceed" advice - and the additional skills of the attorney are worth the expense to be sure your plans are achieved.

Another Happy Camper: Apostille for use in FRANCE

Kenneth Edelstein is the best! I had a "catch -22"  that would have made Joseph Heller do somersaults... Ken found a way out through his tenaciousness, his competence, his knowledge, his insightfulness... what can I say but a humble "thank you" in front of this amazingly kind and thoughtful man... it doesn't hurt that on top of it all, he has a wonderfully dry and "New York" sense of humor!

Lots of best wishes and love to you and Sandy... will call you if you don't mind for that champagne when we come back in the summer...

Andi

PS  it goes without saying that if you come over to Paris we'll do the town together ...

 

Fingerprinting vs. Police Department

NYC Notary Fingerprinting vs. Police Department?

I fingerprint dozens of people each month in New York City. However, sometimes I must decline. It's not that I would not do a high quality job; it's that in some very rare circumstances I am not qualified. The recipient of the fingerprint cards "sets the rules" and there are some that mandate fingerprinting must be done "by a law enforcement officer". I am a certified, insured, and highly experienced fingerprinting technician, but I am not a law enforcement officer. As a New York Mobile Notary Public, I ask that you carefully read the instructions you received from the agency requesting the fingerprint cards. They set the rules. Fortunately, this requirement is very rare.

Obtaining Police Department fingerprinting can be quite a frustrating experience. They rarely are willing to make appointments. When an appointment is secured, it is common for the fingerprint officer to be "on police business" and no one knows when they will be returning. Some larger police stations will have an entry line with metal detectors; require you to remove your shoes, etc. It is common that cameras and communications equipment must be "checked" at the door - and are returned upon departure. Some Police Departments only do "live scan" and will not give you a set of inked prints. Often there are no chairs, and a long wait....

That is not how Kenneth A. Edelstein operates. The main difference is that I go to you at a time of your convenience; bringing all necessary equipment. On my web site there are several helpful suggestions to facilitate successful fingerprinting. The key ones are having the room slightly cool, good lighting, and a counter height midway between your waist and shoulder (more or less - it's not that critical). However, fingerprinting at an ankle height cocktail table is impossible. Equally impossible is obtaining good prints in a hot and humid kitchen where food is being boiled amid billowing clouds of steam!

Unlike the "in a hurry" Police personnel, I take the time for proper finger preparation. I will ask you to wash your hands thoroughly with soap and warm water. Next, I will apply a pre-fingerprinting finger preparation wipe of alcohol that removes any remaining moisture. I take the time to explain how you can assist me in obtaining the clearest prints possible. Lastly, my fingerprint cleaning wipes will remove all traces of ink and leave your hands spotless. I am one of the very few (I know of no other), but hesitate to say "the only one"; who fully guarantees acceptance of the cards. My guarantee gives you the choice of receiving a full immediate refund, or having me redo the job. Fingerprinting can be both convenient and a pleasant experience, call 917-864-3564 for more information. 

How can I tell if the Notary is authentic and reliable?

It is rare for someone to impersonate a notary. Most reputable rubber stamp and embosser shops require the notary ID card for them to process an order. However, there are now walk-in facilities that will take any image and turn it into a rubber stamp - without a glance! Your first line of defense is to ask to see the notary ID card - issued by the Department of State. It has the name of the notary and the expiration date of their current commission. In New York State a notary commission is for four years. The notary ID card does not have a picture - ask to see photo ID - compare the name on the notary ID card to the photo ID.

There is a wide range in the quality of notary service. At one extreme is the totally incompetent notary who just stamps and initials your document. Ken Edelstein is at the other end of the spectrum. I take each assignment personally, doing the best job possible. Many times I spend a long time explaining procedures and giving advice - with the knowledge that the discussion will not lead to me earning a fee. There is an aspect of public service to my profession that I accept, not as "overhead"; but as "giving back" to the community as New York Mobile Notary Public

Examine the web site of the notary carefully. When you read boastful "baloney" - move on. Sites that claim to be able to respond anywhere in 15 minutes, or that have been in every hotel in New York City - are - to put it gently - not being totally honest. My notary "kit" is second to none - it weighs over 20 pounds. Two sizes of embossers, two sizes of rubber stamps, a wide variety of notary forms, National Notary Association receipts, gold seals, etc.

Some notary services attempt to "trade up" the job. They will totally abandon one client if an assignment that pays more wants the same time slot on the same day. My word is my bond. I am almost never late - actually, I usually arrive early. My home address is on my site - very few notaries do that - I do not make enemies. Kenneth A Edelstein from New York Mobile Notary Public. has a policy of full refund or redo (at your option) if you are not satisfied with my work. My A+ rating with the Better Business Bureau of New York, and other references on my "about me" page - are aspects of my full disclosure policy. I welcome your call.