New York Mobile Notary Public

Notarization 101

2011-06-12T06:59:00.001-07:00

Notarization 101 what you need to Know

I have often in my blog lamented partial notarizations, especially when the notary only stamps and signs the document. This installment from http://kenneth-a-edelstein.com will cover in detail the proper format for a notarization done in New York State. Procedures and rules will vary from state to state, but most of the essentials are probably the same. I will cover the format from the top down, as it should appear on the page. Minor variations are acceptable; the definitive rules from New York State are available on the Notary Laws and procedures page of my web site.

Generally at the beginning of the document is the Venue, it may also appear later at the start of the notary section. The venue tells the location where the notarization was performed. It has nothing to do with the property address, as in the case of a mortgage. It is “related” to the notary’s stamp – more on that later. The Venue usually consists of two lines. The first, for me, is “State of New York”, as I can only notarize in New York State. The second is “County of ____” – this is the county where the document was signed and the oath was given. Both entries are required and often overlooked. Next, generally, is the body of the document which may be a mortgage, power of attorney or affidavit. At the end of the body of the document is the signature of the affiant. It’s a best practice to have the name printed under the signature line.

After the body of the document is the “Notary Section” – the venue may be here if not at the start of the document. After the venue is the statement by the notary. It tells what type of service the notary provided. The two main services are “Sworn to and subscribed before me” and “This instrument was Acknowledged before me”. In the former, the notary is saying that (s)he actually witnessed the signature. In the latter, the notary is saying that (s)he asked the affiant if (s)he signed the document and received a positive reply. Of course, in both cases, the affiant is required to show positive identification. The notary should add the name of the affiant and the date to whichever format, described above, is used.

After the notary statement is the signature of the notary. There is usually an area for “My Commission expires __________”, whereby the notary states the end date of the current notary commission. In New York State, all entries by the notary are required to be in black ink. After the signature, the notary will stamp their information. That stamp has their name, the statement “Notary Public, State of New York”, their commission number, the county where the notary is qualified and their commission expiration date. It’s required for the notary to use an embosser when a document might be used in a Federal Court, a different state, out of the country, or is required by the Uniform Commercial Code. As a http://newyorkmobilenotarypublic.com I consider it a best practice to always emboss every notarization I perform.

Birth Certificate New York City

2011-06-01T08:32:00.001-07:00

New York City has The Hardest Birth Certificate to Obtain

It would probably be easier to take bars of gold out of Fort Knox. For me, representing you as a New York Mobile Notary Public to quickly obtain your New York Birth Certificate requires your exacting attention to detail. First, and this must be very clearly understood: Only the “short form” that does Not qualify for an Apostille is delivered “over the counter”. The “long form” – the one with the Letter of Exemplification is Only sent by mail. I will relate the difficulty by retelling events that occurred today. The lady needed her NYC birth certificate in a hurry, or she would forfeit a prepaid vacation cruise.

I ask my clients to very carefully prepare a shipment to me with the necessary: signed application form, notarized permission form, signed copy of ID, and shipping information including phone number; required for the airbill. I always caution clients that all signatures must match exactly, repeat exactly, the signature that appears on the copy of ID. However, my client did not sign correctly on the notarized authorization and the application was refused. But only partially! I also ask for 2 “official documents” showing the client’s address. What qualifies are phone bills, electric bills, bank statements, etc. One of her document was over 60 days old and it was also rejected! It took a while – but she managed to FAX to the Bureau of Vital Records a new and more current document. Finally her Birth Certificate was printed and put in the pre-addressed FedEx envelope – but it would not be handed to me, they said they would ship it th at day.

Ken Edelstein has processed many requests for NYC Birth Certificates. But, none was from a more frantic and tearful client. She was literally sobbing at the initial rejection; and it took my Psychology background to calm her down, and get the project back on track. The Birth Certificate office is a very busy place – at all hours. Waits in line to get to the window are literally measured in hours. There is no shortcut if you need same day service. A practical alternative is the on-line service called Vital Check; but results don’t arrive for a few weeks. Note that Vital Check is the best alternative if Apostille processing is necessary. If you need the Letter of Exemplification, be sure to select “Apostille” when asked for the “use” or “purpose” of your request.

As your agent with your notarized letter of authorization, I face an extra processing delay. With the assumption that your signature on that document Exactly matches your signature on the copy of the ID you submitted; they do some additional checking. They then contact the licensing authority for the notary on your letter of authorization to verify that the signature and commission of the notary you used are valid! More delay, and much more time in a chaotic and noisy office with many people upset at the long wait; and some Really upset at having their application rejected. So, be forewarned – each and every item I mention for you to prepare is vital to the acceptance of the request I submit on your behalf. I try to “get it in hand” so I can ship it myself, but if all the paperwork is not perfect, especially your signature on the notarized form matching Exactly the signature on the copy of your photo ID – often the only option is to d epend on them to ship; and hope that they get it out the same day.

Apostille

2011-05-19T08:24:00.001-07:00

Get the right Apostille

An Apostille is basically an addition to a notarized (or officially issued) document – to make the item acceptable in countries other than the country of issue. The Apostille bearing document is generally of a “personal” nature; as opposed to business documents. Personal documents include Birth, Death, Marriage, and Divorce certificates. Also considered personal are affidavits, statements of fact; created by individuals for various purposes. Business documents include, but are certainly not limited to: Statements of Incorporation, business contracts, and powers of attorney for business transactions. A personal power of attorney is generally considered a personal document. As a New York Mobile Notary Public – I process both types.

Personal documents for use outside the USA generally only require an Apostille. Business documents generally require Legalization at Consulate or Embassy. Article 12 of The Hague, regarding the international use of documents – is specifically for personal documents. That agreement among nations was intended to reduce the need for the more costly and time consuming Legalization procedure. However, often a step in the Legalization procedure is obtaining an Apostille prior to bringing the document to the Embassy or Consulate.

There are two “types” of Apostilles issued. For signatory nations to Article 12, the document issued is titled “Apostille”. For non-signatory nations; China and Canada are examples, the document issued is titled “Certification”. Both the “Apostille” and the “Certification” are loosely referred to as being an “Apostille”. They serve the same function precisely. However, the word “Apostille” at the top of the page is only intended for use in signatory nations. Signatory nations both issue and receive the “Apostille” at the top of the page. Non-signatory nations issue and receive the word “Certification” at the top of the page. It’s a minor technicality, but the proper format is necessary for acceptance by the target country of use.

Kenneth A Edelstein has obtained, over the past decade, thousands of each type. Now you understand why I must ask “What is the target country of use”. The Department of State – prior to issuing the “Apostille” asks the same question. Based on the answer, they look up the “signatory status” – and issue the appropriate format. Note that although there are two formats – each format is not tied to a specific country. An “Apostille” bearing document is acceptable in England or Italy; but not intended for use in Canada or China. The reverse is also true. A “Certification” bearing document is not intended for England or Italy; but is right for Canada or China. If you tell me the correct country of use; you may get an “Apostille”, or you may get a “Certification”. Both formats function in exactly the same manner.

Why me as your Mobile Notary Public

2011-05-12T07:16:00.000-07:00

Why you do not need me as your Mobile Notary Public

You have a sense of adventure and a longing for travel. You like to visit banks and pharmacies hunting for the elusive Notary Public. Similar to a Postal Worker, neither wind, nor rain, nor gloom of night deters you from your quest. You know they are “out there” somewhere – and feel they eagerly await your arrival and documents. You have heard stories about how selective the bank’s notaries can be; having strict instructions from their employer about what to not process. Ever confident in your personal charm, you are certain that, no matter how many or what they are; the local notary once found is certain to process your documents.

You are aware there has to be a difference in the skills of a professional, such as the service provided by Kenneth A. Edelstein compared to a part time practitioner. However, you’re feeling lucky – and have confidence that the harried bank clerk or pharmacist will do what you need – correctly. As an alternative you are considering calling your sister’s cousin’s aunt. She was a notary many years ago, and perhaps she has maintained her commission and will graciously invite you over; you do recall that she made the most wonderful chocolate chip cookies. You’re not a very private person; it really does not matter to you that your notary co-worker learns about your plans for cryogenic storage, so you can be awakened sometime in the future when your ailment can be cured.

You have lots of time on your hands. Sure, it might take you an hour or two to actually find a notary; but you really don’t have anything better to do. Some exercise walking the streets will do you a world of good and you get a chance to see the neighborhood and meet the shopkeepers. Having a high tolerance for rejection, the constant deferrals: “The notary is not in now”, “This is not the best time”, “I don’t handle that type of document”, “It’s in Bulgarian – so I can’t notarize it”; are seen as challenges to overcome.

It’s a point of pride with you to get the absolute lowest price in every transaction. You have heard that the County Clerk’s in New York State notarize for free as a public service. The time and expense of using the subway, bus or car; are to be ignored. The same applies to the metal detector’s line, and the line for notary services. You are willing to go several times as you are aware they limit the quantity per person. The goal of lowest price is irresistible – you research becoming a notary and doing it for yourself; but become dismayed when you learn that such activity is illegal. Ignoring your cell minutes, you call three dozen mobile notary services – to find a free one. Eventually you find the New York Mobile Notary Public web site and learn about the pitfalls and dangers of improper notarizations. You begin to see the light and think about the ramificati ons of your document being processed improperly.

Get a Bottom Line Mobile Notary Fee

2010-11-10T08:59:00.001-08:00

“Are there any other fees or charges?” is a common question when I quote a price for my mobile notary, fingerprinting, or Apostille/Legalization services. My standard reply is “I don’t like to get or to give surprises”. It seems that some notaries are advertising in a “bait and switch” manner, adding fees and surcharges to a low starting number. I consider that deceptive. When I quote a price for services, based on your stated requirements, that’s the price – unless the requirements change. I am one of the very few A+ rated notaries with the Better Business Bureau of New York, (I know of no other). http://kenneth-a-edelstein.com is dedicated to the highest standards of ethics and I maintain a very pro-consumer business policy.

Some are very creative with the “add ons”. I receive regular feedback from many clients about the “games” some play. Sometimes it’s humorous, “that is outside of my basic area”, my new client was told. “What is the basic area”, they asked. Silence, was the reply! Another common deception is to “not mention” that the return delivery of the Apostille incurs an additional “trip” fee, or having a high premium for same day service. I appreciate clients meeting me at the time scheduled, but I don’t charge a dollar a minute for a short wait, as some others do. It is my standard policy to suggest a duplicate, where practical, also be notarized; an official, original, backup copy. I make no additional charge and routinely request my client to have a copy ready for me to also notarize. It takes me little extra time to process and adds value to my visit.

As a http://newyorkmobilenotarypublic.com I meet many people. The vast majority are very honest. However, most are New Yorkers’ and tend to be wary of new business relationships. They are my most favorite prospective new clients. I invite them to compare my web site with the various alternatives. Most other sites give very little, if any, information about the key person, the notary who will actually be going to you. My site gives my real name, home address, and a host of “clickable” verifiable links, to a variety of information about me. I also provide, in place of hammering, mind numbing, sales pitches; a variety of useful information. I do the same with phone calls; stopping at the point where I am being asked for “legal advice”. I am not an attorney, and not qualified, or permitted, to give legal advice.

It’s always wise to ask, very firmly, for the “bottom line”; the “what must I pay” amount. Ask if there are any additional charges whatsoever. Of course, you must describe the job accurately. I have arrived at a “just one item to notarize” and been presented 17 “copies” – to also notarize. Be aware that the majority of the mobile notary’s time is spent in transit. I might be at your location for only ten minutes, but it can take over an hour to get to you. If you make many calls and ask “How much is a Notary?”, I can almost guarantee you that the lowest response will never be what you are asked to pay. There is also the issue of quality. Quality of service can vary from the professional service with proper supplies to handle virtually any situation. Ask about a variety of forms, sizes of notary stamps, embossers, a FedEx account, an on-line credit card acceptance (to keep your credit card information secure), etc. At the other end of the scale is the disorganized amateur, with a last 2 digits of the year shaved off, worn out stamp – and who, upon their (late) arrival, will ask to borrow your pen!

Notary must officiate on request.

2010-11-09T07:23:00.001-08:00

That is not only rude, impolite and bad business; it’s also illegal. On my web site there is a link for Notary Laws and Procedures. At http://newyorkmobilenotarypublic.com that link leads to a direct link to the official notary law for New York State. Under Section 195 “Official Misconduct” which is defined as a “Class A Misdemeanor” it states: Notary must officiate on request.

The Penal Law (§195.00) provides that an officer before whom an oath or affidavit may be taken is bound to administer the same when requested, and a refusal to do so is a misdemeanor.

Thus, it is illegal for a Notary Public to refuse to notarize a document when requested. There are some practical limitations to the requirement. You certainly cannot demand entrance to a private residence to see a notary; no rule requires that the notary permit you into their home. It is generally viewed as applicable to “places of public accommodation”, such as a bank, law office, or pharmacy. You probably would not be able to disrupt someone’s lunch break. But the flat out refusal because you are not a “customer” is totally improper. If you run into this situation; print out a copy of the law from my site, and remind the reticent notary that they took an oath to uphold the notary laws of New York State – and criminal penalties apply to lawbreakers.

There is a practical side to public places. You generally have to wait your turn, sometimes in a very long line. “Walk In” notaries are not always available at your convenience. Some are only available on certain days and / or times of the day. Their primary job certainly takes precedence over their secondary accommodation of providing notary services. It’s a good idea for you to find out what day / time the “walk in” notary will be available. When http://kenneth-a-edelstein.com goes to you – at the place and time that suits you best; there is absolutely no wait. In fact, generally arriving a few minutes early, I check my email while waiting for you to become available. If you arrive with a complete “loan package” and require 43 notarizations; I doubt if you would be accommodated. Even the New York County Clerk will not process a large number of notarizations for an individual – it is too disruptive to the others waiting on line for service. It’s different when you have an appointment and the notary can allocate sufficient time for your processing.

There are some gray areas related to what a notary will process. Some notaries refuse to do Powers of Attorney, or documents in a Foreign Language. Banks typically refuse both. The former, they see as an exposure of the bank to possible litigation. The latter, I can only guess, is fear of the unknown. There is no legal requirement for me to be able to read the document. I only need to be able to administer the notary oath to the person signing in English, the only language I know. It is not permitted to administer the oath via an interpreter. There are probably other “cases” – but the general law is inflexible. The notary must accommodate your request as long as it is, in the notary’s opinion lawful. That includes proper date, lack of blank spaces, proper ID, etc.

Notarizing Foreign Language Documents

2010-09-24T07:14:00.001-07:00

“The bank refused to notarize the document because it is written in Hungarian”

Said the exasperated client to me. “No Problem” for Kenneth A. Edelstein was my reply. There is no requirement for the notary to be able to read the document, none whatsoever. Consider a 765 page document regarding the sale of a Supertanker – do you think the notary will read it prior to notarizing the signature on the last page? Well, if they are not going to read all pages of all documents – why would they want to be able to read some pages of some documents? I doubt if I will ever know.

There are some interesting considerations regarding languages involved in the notarization process. But none have anything to do with the actual document. The main language requirements are related to the required oath given by the notary. The notary must be able to give the oath directly (no interpreter allowed) to the person whose signature will be notarized. The person signing must be able to read the document in order to swear/affirm that the document is truthful/correct. That is the relevant language consideration – the document could be in Braille or Latvian – it does not matter to me.

Part of some notaries’ refusal to handle this situation is their employer’s desire to avoid the possibility of being involved in a lawsuit. Some banks will not notarize a Power of Attorney, some refuse a Bill of Sale – the reasons are the same; avoiding being involved in litigation. If the notary can’t read any of the document it “might” be a prohibited (by “bank” policy) – thus all “unreadable” documents are often refused. At New York Mobile Notary Public that is never the case. While the notary has no requirement to read the document – if – at a glance – the document is “improper” – for example a contract to commit a crime; all notaries should refuse to notarize. However, there is NO requirement for the notary to determine that the document is lawful.

It is a “best practice” to prepare foreign language documents in both languages. Most times this is done by formatting the document into two columns with English on one side and the other language on the other. One advantage of doing this is that it allows the affiant to sign twice. The signature on the English side will be compared to their ID – the other language is not. Thus, it is the English signature that is being notarized – and most ID documents in this country have English signatures. However, I personally would accept a Chinese signature if it matched the signature on a Chinese passport and the picture of the passport holder looked like the person signing the document in front of me.

Why you need an Apostille

2010-09-07T06:28:00.001-07:00

Why you need an Apostille

We all know what it means to have a document notarized. The notary, a sworn independent officer of the state verifies your signature and identity documents. The notary then proceeds to place the notary stamp and embosser on the document. At this point, your signature has been verified and your document is, after the notary oath, considered notarized. But, there is the reason for an Apostille: considered notarized by whom? If the stamp of the notary is unknown to the receiver of the document, it adds little value. I, Kenneth A Edelstein have notarized thousands of documents. Most are for use in the USA and my notary stamp + raised seal is all that is required for the document to be considered notarized.

It’s a very different case when the document leaves the USA. Foreign officials are not familiar with the notary stamps and seals of American notaries. They certainly would have an especially difficult time if verification of the notary’s commission and status were required. Add the possibility that the document is going to a non-English speaking country; the “good in the USA” notarization would be worthless. It might be viewed as a “tax stamp”. Clearly there is a need for a notarization to be recognized on a global scale. That is exactly the purpose of the Apostille.

The Apostille, a standard document added to a notarization provides a common format, and verbiage, for the global acceptance of notary functions. It’s not just for documents leaving the USA for France. It works both ways: an Apostille bearing document originating in France is accepted in the USA – exactly as if the signature had been notarized in Manhattan. The French government is “on record” as having authenticated the validity of the Parisian notary. There is no need to be able to research – or even read the notarization done in French.

As a New York Mobile Notary Public – I process and obtain Apostilles frequently. There are two formats, loosely referred to by the inclusive term: Apostille. The more common is the true “Apostille” – issued by and for signatory nations of Article 12 of The Hague Convention. This agreement is in place to facilitate the international flow of personal, compared to business documents. For business documents, a more complex and costly procedure: Embassy / Consulate Legalization is often required. Non-signatory nations receive a “Certification” – often serving the same purpose, but sometimes not. Some non-signatory nations still require Legalization for personal documents such as: Birth Certificates, School Documents, Marriage Documents, etc.

Notarization is a Serious Process

2010-07-27T11:10:00.001-07:00

It’s a popular misconception that Notarization is a trivial process. This paper will ignore the issue of improperly processed (by the notary) notarizations, and address the issue of what it really means to have your signature notarized. I http://kenneth-a-edelstein.com will work with the assumption that the notarization is done legally and properly. Speaking only for New York State, the notary is a Commissioned and sworn officer of the New York State Department of State. That means the notary has taken a legal oath to uphold, and follow, the laws of New York in discharging their duties. It is the responsibility of the notary to be aware of, and follow changing regulations and procedures.

As an “officer of the State”, the notary administers an oath to persons whose signatures they will notarize. There are several formats, but the concept is the same – you are “under oath” to tell the truth. But what if you are not telling the truth? When I ask “Do you acknowledge that this is your signature, that you understood and willfully signed this document, and that the statements are true and accurate to the best of your knowledge and belief”, it’s an official question. A positive reply allows me to add my credentials and signature to the document. Then the document is considered to have a notarized signature.

A false statement under oath to a notary public is exactly the same as a false statement in a courtroom after being sworn by the Bailiff of the Court. It is the crime of Perjury, lying under oath. As a http://newyorkmobilenotarypublic.com I pass no judgment on the content of the document – you are the one testifying as to your belief and understanding of the document’s truthfulness. My responsibility is to verify your identity, to a reasonable extent. A well forged driver’s license will fool many Police Officers in addition to fooling a notary public.

Thus, the notarized document is a sworn statement by the affiant who signed the document. Such documents are generally permitted to be presented in a court of law – without the need for the affiant to be present to identify and testify as to having signed the document. It is the impartial notary’s signature and seal that lends validity to the signature (not the content of the document). Consider carefully your response to the notary’s question when giving you the oath. You are “going on record” by your signature, it would be difficult later to say “I did not sign that”.

Protect Yourself from Shoddy Notarizations

2010-07-19T07:16:00.001-07:00

I see it ever day. Shoddy “half” notarizations being done by notaries who either don’t know proper procedures or just wish to save themselves a moment of time. However, the damage such improper work can cause is hard to assess. I doubt if it’s a case of “don’t know” as all notaries in New York State are required to pass an exam to obtain their commission. You can find a copy of the notary law on my web site New York Mobile Notary Public probably worth reading if you have many documents notarized; or if your documents are important.

The most common partial notarization merely consists of the notary using their rubber stamp and signing the paper. That is NOT a notarization. To the untrained eye it looks like a notarization – but it certainly does not follow the requirements for a proper notarization. A properly notarized document has statements and signatures from BOTH you – and the notary. You need to make a statement, not just sign your name. The notary must also make a statement, in addition to signing the form.

It is also REQUIRED that the “venue” – the State and County where the notarization took place; be clearly stated on the document – usually at the top of the page (or above the notary stamp). This is one of the most frequently overlooked aspects of notarization. In addition to using the rubber stamp, the notary should emboss (use the raised seal) for any documents that might be going out of New York State. It’s a good practice for the notary to emboss every time.

The notary statement should include the date and the name of the affiant (the persons whose signature is being notarized) and the “type” of notarization service performed. Common types include the “acknowledgement” and the “sworn to and subscribed” formats. As a New York State notary, Kenneth A Edelstein is often asked to process documents that have already been notarized to obtain apostilles and certifications. That is usually when the flawed notarization is rejected – when it is examined by trained municipal employees. Sometimes the document can be easily redone – other times the holder of the document has a big problem.

How to make your Notary Crazy

2010-06-12T14:54:00.001-07:00

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?

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Your old Vital Records are often useless

2010-04-18T07:07:00.001-07:00

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

2010-04-04T05:00:00.001-07:00

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

2010-03-22T10:52:00.001-07:00

"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.

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Can you Apostille this?

2010-02-22T11:10:00.001-08:00

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

2010-02-07T07:25:00.001-08:00

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.

Can You Put your Notary in Jail?

2009-10-09T06:31:00.000-07:00

Put your Notary in Jail

It's not all that hard. In these tough economic times, some notaries will do almost anything to earn a fee. The classic request to "backdate" a set of loan documents is the most common illegal thing a notary is asked to do. Technically it is forgery by the notary as they are stating that a signature was taken on a date in the past. Bye Bye notary when the illegal act is uncovered.

As a NewYorkMobileNotaryPublic.com I often am put in a tough situation. I get a call and go to an assignment and am asked - upon arrival - to backdate the document. I have scheduled time, traveled to the assignment, possibly printed documents, etc. Then the sorrowful tale about how the borrower forgot to call me earlier.......

Nope, not this notary, out I go - fortunately this is a rare event. But backdating is not the only improper request. Lack of identification - or ID that is weak is a more common occurrence. Most times a Driver's license or Passport is presented. But, sometimes, I am shown a membership card from Freddies Gym! Sorry, but the standard is government issued photo ID. A wise notary learns to ask about the ID prior to making the trip. Some cases really are tearjerkers - grandma has Altzheimers - and the daughter wants to help her sign the Power of Attorney by guiding her hand to sign the page. Under some conditions that might be acceptable, but if grandma can't tell me who the President of the United States currently is..... signing fails the test of understood and willfully signed.

IDs must match the preprinted document exactly. Junior can't sign the document (if his ID has the "Jr" suffix - if the document does not have the same suffix). Is he trying to impersonate the father? When Ken Edelstein notarizes a document I am on record as checking the ID. Any discrepancy - no notarization. Often I am asked to accept a document for notarization via FAX and to FAX it back! Personal appearance before the notary is always required as the notary wording states before me.

An honest notary cannot ignore a pressure situation where one party is forcing another to sign a document. My standard notary oath asks: Is this your signature, did you understand and willfully sign this document and that the facts are true and honest to the best of your knowledge and belief. Incapacity by an affiant is a violation of that oath. Unfortunately, not every notary maintains high standards, the same is true in practically every endeavor of commerce. If you obtain a flawed notarization - when the truth is discovered, both you and the notary are subject to penalties. If a proper notarization cannot be obtained in a legal manner - please consult an attorney. There is usually a legal solution to situations that proper notary procedures alone cannot resolve.

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