Rob Schmidt Notary Service can help with the following items: mortgage documents, purchase documents, mortgage loans, 2nd mortgages,
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408-810-5626
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Rob Schmidt Notary Service can help with the following items: mortgage documents, purchase documents, mortgage loans, 2nd mortgages,
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instruction, letters requesting birth or death certificates, medical documents, powers of attorney, stock documents, travel affidavits, trusts, vehicle title
transfers, wills, and more!
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Electronic Signings are Coming; the Question is When Your Questions Answered
Although many companies have talked about an entirely digital process, mortgage lending will never be entirely paperless until electronic signings become accepted nationally. This means lenders, investors, notaries, and county recording agencies all adopting a standard technology to capture and record digital signing of legal documents. Even since the signing of the E-Sign Act in July of 2000, a national standard has yet to be established and embraced.
Issues of security, legality, uniformity, and cost have kept companies and counties from making a complicated conversion to a format that has been more of a luxury than necessity. With no mandate from the public or private sector, only a handful of progressive counties have made provisions for digital signings. However the number of counties switching to digital signing and recording is increasing as new technologies arise.
Over the past few years, numerous companies have come forward with digital signing solutions that attempt to resolve the issues that have stood in the way of widespread acceptance. The new technologies use digital tablets like the ones used at supermarkets to capture signatures, record the pressure and style used to make the mark, encode the information electronically, and store the information on secure hard drives.
The problem that has emerged is each company developing e-signing technology is using their proprietary technology so that a universal standard has yet to emerge. Much like the format war over DVD technology in Hollywood over the past decade, e-signing developers are all battling to create the “winning” format that will become adopted as the standard.
Although many companies are working on competing systems, eventually one will emerge as the choice adopted by states, counties, companies, and trade associations.
As more counties and companies make the investment to upgrade their processes to enhance efficiency, speed, and service the move towards digital signings is increasing in momentum. As the financial and legal industries embrace the technology, it is only a matter of time until individual states pass legislation mandating their counties modernize and embrace e-signings.
When this technology is adopted, it will mean a significant change for signing agents. Mobile signing agents will be required to become trained in digital signings, buy (or be given) special equipment to capture the borrowers digital signature, and have means to show the electronic documents to the borrower on a laptop computer. The benefits to the digital mobile signing agent will be tremendous. As the loan documents are digitally imaged, the need for physical docs to be printed by the agent will be reduced, thus avoiding any costly printing errors. Agents will only need to have customers sign once as the electronic signature will automatically be assigned to all the places needed within the document package. Even the signing agent's notary seal will be added or encrypted electronically into the document; again no standard has yet been established for how the seal will be applied.
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The primary purpose of the Notary Public is to prevent fraud by forgery. Notaries are most
often used whenever real property is purchased or transferred to another party. Part of
either transaction will include the notarization of certain documents by a notary public.
What Is A Notary Public?
A notary public is a reputable witness, commissioned by California’s Secretary of State, who may legally certify by
written acknowledgment on a document that he or she knows you to be the person who has executed the document.
Note: Any person requesting notarization of a will should be referred to an attorney.
Why Is A Notary Public Necessary?
The law required notary certifications under many situations. Most documents in real property transactions, such as a
grant deed or trust deed, must be notarized before they can be recorded by the county recorder. When you have an
important document notarized it affords you the fullest protection against possible forgery.
Who Is Entitled To Be A Notary Public?
In California, a notary public must be a citizen of the United States, a legal resident of the state in which he or she is
commissioned, not less than 18 years of age, and must satisfy the Secretary of State that he or she is of good moral
character. A notary public must also satisfactorily pass a qualification examination and provide a performance bond
under which any official misconduct or neglect of the notary public makes the notary, together with the surety of the
bond, liable to the persons injured thereby for damages sustained.
How And Where Does A Notary Public Perform The Notarial Service?
Notarization takes place only in the state where the notary public has been commissioned. The notary certifies to the
identity of the person appearing and signing the document on the date and in the county specified on the notary
certification. The notary’s certification testifies that the signatures on the document is genuine. The notary public
maintains a complete record book to preserve evidence of the acknowledgement. For identification purposes, the
notary public required that the signatures of the parties executing the document also be signed in the record book.
Your notary public provides an important professional servic e and is entitles to charge a fee for such services. The
Secretary of State establishes the maximum fees a notary public may charge.
Notary Public Guidelines
• Should not notarize any instrument or document if the party signing the document is not present or doesn’t
sign the document in his or her presence.
• Should not draw legal agreements or attempt to give legal advice of any nature (unless the notary is also an
attorney)
• Should not notarize any signature unless the party is personally known to the notary or satisfactory
identification is provided to the notary.
• Should not authorize anyone else to notarize for him or her.
• Should not notarize out of state in which the commission has been granted.
• Should require proper identification such as a drivers license, passport or California/military I.D.
• May require a thumbprint (right hand).
National Notary Association Supports New Educational Requirement Law For Florida Notaries
One does not become a specialist in notarization merely by completing an application and paying a fee, said Milton G. CHATSWORTH, Calif. BUSINESS WIRE May 26, 2000. The National Notary Association, the largest organization for Notaries in the world and whose membership dominates the state of Florida, today endorsed the signing into law of Senate Bill 1334 by Gov. The new law requires that first time Notary applicants complete at least three hours of instruction covering electronic notarization and the duties of the Notary Public. Although being a Notary is seldom one's full time vocation, holding the office of Notary Public requires a full time' professional commitment to mastering the practices, procedures and customs of the office. Jeb Bush earlier this morning in Deerfield Beach. The new law requires new Notary applicants to complete an educational course prior to becoming a Notary.
Real Estate Fraud A Growing Problem In Florida, According To The National Notary Association
National Notary Association Issues Report on How Requiring. The report published today outlines the key benefits of requiring a journal and thumbprint including deterring imposters deterring signers with second thoughts from claiming fraud alerting signers helping state prosecutors and lessening the burden on the courts. A thumbprint is a powerful deterrent to any would be criminal unlikely to leave such irrefutable evidence behind in a recordbook. Thumbprint in Notary Recordbook Can Diminish Real Estate Fraud. Faerber, Vice President of Notary Affairs for the National Notary Association. As every real property deed requires notarization, the NNA recommends the added security measure of affixing a document signer's thumbprint in a journal of official notarial acts in order to combat document fraud resulting in loss of property or home equity. In response to the growing incidences of real estate fraud in Florida, the National Notary Association NNA today issued a report recommending a thumbprint requirement in Florida Notary journals.
National Notary Assn. Offers Tips To Beat Fraud
Notarization is an effective weapon against mortgage fraud because it verifies identity, proves willingness and awareness on the part of the signer, authenticates signatures and creates an auditable evidence trail for prosecution. In response to a fivefold increase in mortgage fraud over the past three years, the Federal Bureau of Investigation has asked the National Notary Association to inform all FBI mortgage fraud investigators on the role of the Notary Public in deterring, detecting and prosecuting forgery and other forms of identity crimes.
Biz Interactive Zone Selects Firstuse.com To Provide Digital Audit System And Notary Center
FirstUse gives our clients the ability to time seal and verify records for authenticity around the clock, worldwide, in seconds or even years after a file is created. FirstUse joins other BIZ best of breed partners and suppliers in a solution suite that provides unprecedented levels of security, trust, capability, extensibility and speed. Confidential and Secure, Trusted Audit Trail. Business Editors High Tech Writers. Biz Interactive Zone BIZ, a technology company which has developed an end to end security solution with the ability to process real time, secure business transactions over the Internet, has further enhanced its offering with the addition of a digital audit partner, FirstUse.com. Now our comprehensive, Core to the Edge TM security architecture is even more robust with the addition of the world's first digital time stamp and file verification center, Gorman said.
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