Colorado Springs Notary - Leon Austin

Closings that are delayed because of late loan documents are something that notary signing agents have come to accept. It's frustrating. Yes. But it's a situation that is, for the most part, out of our control.  Nevertheless, there is something that we can control -- the amount of information that we give to the borrowers.

Although it's frustrating for the notary signing agent, not knowing exactly when the loan documents will arrive, I try to imagine what it must be like for the borrower. They have absolutely no idea what is going on. They don't know if their closing will be delayed for one hour, or if it's even going to take place that day. They have so many questions.

I sympathize with the borrower in situations like these. So I do everything I can to give them as much information as possible. Even if it's merely to say that I spoke with someone from the title company and they're still waiting for an answer from the lender. 

Tell the borrower something. Anything. They appreciate it. Call them every half hour, if necessary. No, you're not disturbing them. They are anxious to get information.

I will usually tell the borrower to contact their loan officer. But the loan officer is not always available. So the notary signing agent is usually the only line of communication that the borrower has.

Late loan documents will always be a part of this business. But at the very least, we can keep the borrower informed.

Only mushrooms should be kept in the dark.

One of the thoughts that I always have in mind when I'm about to do a closing is that, this is an opportunity. Seize it. Because the people whom we meet may want our services in the future. Or they may be in a position to refer us to someone else.

With that in mind, I approach each meeting with the client in much the same way that I would a job interview. If this person were to hire me, what qualities is he or she looking for?

Punctuality. The first thing that I want to do is be on time. Borrowers, just like an employer, can be intolerant of people who are late.

Be prepared. One of the things we're advised to do when interviewing for a job is to be prepared. Learn as much as you can about the company. It's the same with the closing. Know the documents. Know where all of the important information can be found. Have important phone numbers handy. In short, rehearse for every possible question the borrower may have, anything that could possibly go wrong, etc.

Instill confidence. The borrower wants to feel that they are in good hands, just as a prospective employer wants to feel that they are hiring the right person for the job. Being on time and prepared are a couple of things that we can do from the start. Also, the way in which we present ourselves. Do we smile and make eye contact with the borrower? Do we speak confidently? How is our body language? Are we dressed appropriately and well groomed? These are just some of the things that we can do to instill confidence.

Efficiency. The loan signing itself is an opportunity to show how efficient we are. Do we make the best use of the time available? Is the flow of documents going smoothly, or are we fumbling and fidgeting? If there is a non-borrowing spouse, have we identified and tagged the documents that he or she needs to sign? These and other things can show the borrower that, if given a task, we will find the most efficient way to get it accomplished.

The conclusion of the signing should have given the impression that, if the client were to do it again, they would want you. If that is the case -- congratulations.

You aced the interview and got the job.

GPS systems are pretty nice to have in your car. But I've been finding my way around without one for so long that I could never bring myself to buy one. If I need to get directions for a closing assignment here in Colorado Springs, I simply go to Mapquest, get directions, and print them out. If it's a trip out of state, such as when I drove to Albuquerque, then I'll get a route from the AAA website and print it out, or just order it from AAA. I've been getting along fine so far with maps. 

But I'm going paperless. And it would be nice to have all that information on my Palm T|X. So instead of using paper maps, I download the map from a website and install it on my PDA. You can get a map for any location on the internet.

Here is an example of a map of Colorado Springs:

As you can see, it shows all of the major streets, including the airport and other landmarks. The resolution is a lot better of course on my PDA than on this computer image. I can have maps as large and as detailed as I want. For a very large map, all I need to do is scroll it. Not very practical to do while I'm driving, but I can always pull over momentarily. I'll also have a map of all the Wi-Fi hotspots for mobile computing, UPS and FedEx locations for delivering loan documents, and a lot more. There's more than enough memory on a Palm T|X. And with wireless capability, I can always access Mapquest, or anything else on the internet.

So that's it. Until I'm able to afford a GPS system for my car, this is the poor man's solution.

Good luck.

Whenever I receive a call to do a closing, there are many things that I will want to know about the closing assignment. If the caller doesn't volunteer the information, then there is a mental 'script' that I go through. I want to know what type of loan it is, where the borrower is located, etc. Notary signing agents want to know as much about what they're getting into as possible.

It helps if the caller considers what it's like being a notary signing agent.

It's just as important to consider what's happening on the other end of the phone.

Despite all of the high technology involved -- much of which I cannot see -- I want to keep in mind that there is a human on the other end.

My job is difficult. But their job is difficult too. And anything we can do to make their job easier will be appreciated. Quid pro quo.

I also want to consider that they have feelings. I once had a scheduler hang up on me because I wasn't available to do the closing, he was in a hurry, and he wanted to get to the next call. It was rude. But I have a tough skin and am able to brush off that kind of behavior. Not all people are like that. So I try to be as courteous as possible to the other person. Even if they aren't.

Sometimes I'll take a call while I'm driving. I ask the caller that they give me a moment to pull over. Not only because it's safer, but because I want to give them my undivided attention.

There is much that I can improve on. And I'm a long way from being 'Mr. Manners' when it comes to talking on the phone. But for the most part I try to consider that there is a living breathing person on the other end of the phone -- not a robot, and that I want to be as courteous and polite as possible.

P.S. The only time I'm curt is when a telemarketer calls me on my cell phone trying to sell me something that I insist I don't want or need.

I had a closing last Friday in Peyton, CO. I know the streets well enough that finding my way around is no problem. I arrived at the closing a few minutes early. The closing went well.

After all of the loan documents were signed and it was time for me to leave, the borrower's wife commented that she liked the fact that I was on time. She talked about how often people have been late to their home for various things. I got the impression that this was something very important to her. I can imagine what kind of impression I would have made if I had been late. It would have set the tone for the entire closing.

We can't please everyone. No matter how 'perfect' we are, there is something about us that will be an irritant to others. We won't always know, because the other person may not say anything.

One thing is for certain: everyone has a pet peeve. Hopefully we're lucky enough to accidentally discover what it is.

Good luck.

I discovered over the weekend that someone has taken one of my topics and put it on their website, without asking me.  This is my topic on a reverse mortgage closing that I wrote (A Reverse Mortgage, and a gourmet burger to go, please):

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As you can see, the same topic appears on another site. But notice who the author is:

It is credited to 'Colorado reverse mortgage'.  The name of the website is Rapid Reverse Mortgage. Of course, if you click on the link it will take you to the topic on ActiveRain.  But I don't like the idea of someone doing this without getting my permission. It's not the first time that this has happened.

I would probably give them permission. But ask first.

In order to get a college degree, you have to take a lot of classes, or have an equivalent amount of credit hours. And as you recall, you couldn't take just any classes that you wanted to take. There were a certain amount of required core courses, and electives.

All of these courses were designed to give you the knowledge and skills needed for a particular degree. Nowadays you can even earn a degree by taking courses over the internet. You don't have to attend classes. But you still have to follow a curriculum, take tests, pass a final exam, and fulfill all of the requirements in order to get a degree.

No, we'll never see a College of Notary Signing Agents at a university.

And there will perhaps never be an opportunity to earn a Bachelor of Science degree in Notary Signing Agent. Or even an Associates degree.

Nevertheless, I think that the training of notary signing agents should be based on some sort of a curriculum. One-day seminars are not enough to prepare a notary signing agent for all of the things they need to know. There are some good training manuals for self study, but they still fall short. Too often the focus is on getting the signing agent up to speed as quickly as possible, then turning them loose on one of the most important financial moves that people make in their lives. On-the-job training should not be done at the borrower's dining room table.

A small sample of some of the courses in the curriculum would be:

• 101 - Notary laws and procedures
• 102 - Real Estate Closings
• 103 - Electronic Document Printing (e-Docs)
• 201 - Purchase Transactions
• 202 - Survey of Loan Documents and Title Affidavits
• 203 - Communication
• 301 - Advanced notary laws and signing agent procedures

... and many other courses and electives.

These are just ideas. So no, there isn't a chance that you will ever see a 'Colorado Institute of Notary Signing Agents'. But if there were something I would change about the way notary signing agents are trained, I would like to see it based on a curriculum.

And it would take a lot longer to 'graduate'.

Oh no, not another one of those 'How to become a notary ...' articles.

I'm fed up with the articles too, whose purpose is usually to get you to buy something, or to drive traffic to their website, since they usually have the procedures for all 50 states. And they take an oversimplistic approach to becoming a notary: fill out a form, send in an application fee, and Voila ... you're a notary.

There's a bit more to it than that. So I wanted to write an article on becoming a notary public in the state of Colorado. Not an outline. Not a simplified approach that will have you thinking that anyone with a pulse can become a notary. No.

Becoming a notary involves a never-ending process. There is more to it than receiving a notary certificate suitable for framing to hang on your wall.  The mandate is to become a Colorado notary -- one who is continually learning.

First I'll give you the basic requirements on what it will take to get a commission in the state of Colorado, which you can also get from the Colorado Secretary of State website:

• You must be at least 18 years old, able to read and write English, and be a resident of the state of Colorado.
• You may not have been convicted of a misdemeanor involving dishonesty during the last 5 years, or a felony conviction in your lifetime.
• You will be denied a commission if you ever had a notary commission revoked -- from any state.

A Colorado notary may not have dual commissions. A Colorado notary may only perform notarizations in the state of Colorado. If you visit someone in another state, and they ask you to notarize something for them, you will have to decline.

The application process

You must complete an application to become a Colorado notary public. On the application is an Affirmation that must be notarized. You can find a notary in many public places such as FedEx Kinkos, the UPS Store, etc.

If you attend the Notary Training Class in Denver (not mandatory, but beneficial), you can have your application notarized there.   Be thorough when completing the application. There is an instruction page for completing the notary application. Read it carefully before starting to fill out the application.

Training and Education

You do not need to pass a notary course in order to become a notary in the state of Colorado (CRS 12-55-103.5). Nevertheless, you should do a lot of reading, especially of the Colorado Notary Public Statutes. Know the Colorado notary laws thoroughly.

Build a library

In addition to the Colorado Notary Public Statutes, it's a good idea to have additional references to notary law and procedures. They will contain examples on how to perform various notarial acts, answer questions that are frequently asked, and more.

There are two valuable resources, in addition to the Colorado Notary Public Statutes, that you can get from the Secretary of State website:

• Michael Shea's PowerPoint presentation on Notary Law and the
• Colorado Notary Handbook

You will also want to buy a copy of the Colorado Notary Law Primer, published by the NNA (National Notary Association). I highly recommend it. Almost everything that you need to know is contained in that booklet. It's small enough that you can carry it with you wherever you go.

If you want a course of instruction, and want to study at your own pace, I recommend that you order: Notary Public - Procedures, Laws & Common Sense, A Self-Study Course. It is published by the Notary Law Institute and written by Peter J. Van Alstyne. It's an excellent course. It comes in a ring binder and also contains an audio tape and a CD. It also includes the Colorado Notary Public Statutes.

Beyond that, constantly read and review. Do research on the internet.

Notary Supplies

There are several things you will need and want to have in order to perform notarizations. You will need:

• a notary seal
• a notary journal
• notary acknowledgement certificates
• Errors & Ommissions insurance policy

You can order a complete Colorado Notary Supply Package from the National Notary Association. It includes a one-year membership. It's a good way to get started, in my opinion.

Colorado Notary Supply Package 

Memberships and Organizations

Join notary organizations. This will help you a lot in your career as a notary public. The ones that I recommend are:

• National Notary Association
• Notary Law Institute
• American Society of Notaries

Join all three. Each has something unique to offer. You will benefit from the periodicals, opportunities to further your notary education, discounts on notary supplies, and a lot more.

What can you do with your notary commission?

The primary reason for becoming a notary is to serve the public. Notarizations are required on many types of documents: financial, real estate, employment, travel, ... and a lot more. 

If you choose to work independently you can serve the public as a mobile notary. There are many people who are not able to get out of the house, or get away from work. I work as a Notary Signing Agent.

There is much that is beyond the scope of this article. There are many things that I haven't mentioned, such as electronic notarization. You can learn more by joining organizations, visiting notary websites, reading what other notaries have to say on notary message boards, etc. This article was written to serve as starting point. Hopefully it served that purpose.

Good luck.
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Notary Application, Instructions, and Law (Colorado Secretary of State website: in PDF Format)

Colorado Secretary of State: Notary

National Notary Association
Notary Law Institute
American Society of Notaries
Notary Rotary
123notary.com
Colorado Notary (ActiveRain group)
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References:

CRS 12-55-103.5. Training. The office of the secretary of state may enter into a contract with a private contractor or contractors to conduct notary training programs. The contractor or contractors may charge a fee for any such training.

Notary Education: Notary Public Procedures, Laws, & Common Sense (ActiveRain blog article)

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"The National Notary Association is the nation's professional Notary organization and serves the professional, educational, career and business needs of Notaries throughout the U.S. Since 1957, the NNA has helped Notaries to serve society responsibly and ethically."

It will happen like this: You will receive a call from a title company or a signing service telling you that you didn't notarize one of the documents from the closing you recently did. They tell you, it's not a problem. Just send them a loose certificate that is notarized, and they'll take care of it. Should you do it?

No.

Not only is it unethical. It is illegal.

So what should you do?

First of all, you should ask them to fax you a copy of the document that was not notarized. You want evidence. It might be a document that doesn't require notarization, but they want it notarized anyway. If that is the case, then explain to them that notarization is not required, and that it's against the law for you to decide what type of notarization to perform. Sending a notarized loose certificate is against the law too. Cite the notary law to them that covers this. For Colorado notaries it is Colorado Revised Statute § 12-55-110.4:

"No notary shall sign a certificate or other statements as to a notarial act to the effect that a document or any part thereof was attested by an individual, unless:

(a) Such individual has attested such document or part thereof while in the physical presence of such notary;  and
(b) Such individual is personally known to such notary as the person named in the certificate, statement, document, or part thereof, or such notary receives satisfactory evidence that such individual is the person so named. ..."

"... while in the physical presence of such notary ..."

The notary law tells you exactly what you should do. If indeed it was a document that required notarization, and it wasn't notarized, then the notary should take the document to the signer and have them sign it in the presence of the notary. Even if it is a 100-mile drive. If the notary signing agent makes an error, it's their responsibility to correct it, at their expense. But never, under any circumstances, send in a notarized loose certificate.

There is another situation in which you will be requested to notarize a loose certificate. You might find a loose certificate in a set of loan documents. The lender will want you to notarize it 'just in case' you made an error on one of your notarizations. They can attach it. Sounds pretty convenient, doesn't it?  It saves you a lot of headache if you do make a mistake. Still, do not notarize a loose certificate unless it is part of a notarial act. Which document would this certificate that you notarized be attached to? You don't know.

Can the company insist that you notarize it? Yes. They can insist all they want. Don't do it. 'Pretty please.' No. Can they refuse to hire you in the future? Yes. But if it's a reputable company, they will recognize the error in their ways, and not make an issue of it.

It is better to comply with notary law, than lose your commission.

Or possibly even end up behind bars.

Good luck.

I did some housekeeping over the weekend. I had a long string of tags, many of which were redundant, or just plain useless.

The list you see to the left is just a short sample. There are even fewer now.

Notice the instances of plurals 'closing' and 'closings', and 'notary signing agent' and 'notary signing agents'. It took a while, but I went back to the posts and edited them to the singular.

Many of them I removed completely.

For example, 'activerain'. There is really no reason to tag it, in my opinion.

The same with 'Colorado'. If someone does a search on 'Colorado', they will come up with hundreds of posts, if not thousands. 

When I thought about it, my topics, although somewhat related to Colorado, were not specific enough to have Colorado as a tag.

It makes it easier to find what you're looking for when the tags are more relevant. I think it's less confusing to the search engines too.

I'll be more thoughtful about how I tag my posts from now on. For example, this post has no tags at all. I don't really think it needs any.

Good luck.