Colorado Springs Notary - Leon Austin

It's such a small thing. It could easily go unnoticed.  I'm referring to those small boxes on the Deed of Trust that indicate if there are any Riders.  We take it for granted that everything is in order with the Deed of Trust.

Not always

I had a closing this evening for which the Deed of Trust was missing the Planned Unit Development Rider:

I immediately contacted the signing service, who immediately contacted the lender.

Is it the notary signing agent's responsibility to check to see if all Riders are attached to the Deed of Trust?

Absolutely.

I was reading on a message board today about a customer who refused to pay the notary's travel fee.  The customer was an attorney who no doubt felt that he was justified in paying the notary only for the notarization, but not the travel fee.  As a result, the notary only received $1.25.  That won't even cover the notary's gas. So essentially the notary performed a free service.

There are ways to prevent this type of thing from happening.  First, the travel fee should be agreed upon in advance.  And it should be made very clear that this is a travel fee that is separate from the fee for notarization.  According to what this notary wrote, he said the fee would cover his time, travel and notarization.  So always make it clear that there is a separate travel fee. Break it down into clear English.  Also, it is not unreasonable for the notary to collect the fee before performing the notarization.

If a notary is going to perform mobile notary service, they should check their state laws regarding travel fees.  According to the Colorado Notary Law Primer:

"Travel fees are proper only if the Notary and signer agree beforehand on the amount to be charged.  The Notary should explain to the signer that a travel fee is not stipulated in law and is separate from the fees for notarization."

The key phrase is 'separate from the fees for notarization'.  I make it very clear at the time I get a call that I am a mobile notary, and that I charge a travel fee. I got a call today from someone wanting a document notarized.  I told him what the charge would be.  He didn't realize that there was such a thing as mobile notaries.  He wasn't willing to pay a travel fee this time, but he told me that if he ever needed a mobile notary in the future he would give me a call.

The services of a mobile notary are not for everyone.  But for many people the services that we provide are a real convenience.  Especially for people who are not able to get around well.  And there are people who work from home, or who can't get away from work.  These people appreciate the service, and gladly pay extra for it.  And that is the key word: 'extra'.

Good luck.

Be inflexible.  There are many other ways to sabotage your business.  But being inflexible ranks near the top.

One of the main reasons why notary signing agents are used in real estate closings is because we provide a convenience.  Not just to the borrower, but to the lenders and title companies.  We make it possible to conduct a closing at any time of day, in almost any location, and in all types of conditions.

It takes a special mindset to be a notary signing agent and to provide this type of service.  You have to be unselfish.  This means putting the needs of the client ahead of everything else.  And that requires flexibility.

Being willing to change your schedule to accomodate the borrower is one form of flexibility.  For example, I had a closing last Monday that was originally scheduled for 6 PM.  I got a call from the company that day requesting that the time be changed to 2 PM, because that was more convenient for the borrower.  I agreed.  It was a very important client. Let's just say that they are "bullish on America".  If I had said 'no', they would have found someone else.  I would have lost that closing assignment, and possibly all future closings from that lender.

Payment issues

Something that no signing agent likes to deal with, but is nevertheless a part of this business, is slow payment.  Let's face it: we all want to be paid as quickly as possible.  But the reality is that, there are companies that can take up to 30 days to pay you (or even longer).  If you're inflexible, and not willing to work with these companies, you're cutting off a stream of income.  I did a timeshare signing on Wednesday for a company that says they take up to 45 days to pay.  I have done many timeshare signings for them, and they always pay.  It may take a while, but it's considered 'money in the bank'.

Special requests

There are going to be times when you have to step outside your comfort zone -- perhaps driving farther than you've ever driven before to do a closing.  Or doing a closing in a location that might make you uncomfortable.  So flexibility in situations like this means that you are willing to expand your boundaries.  If you stay rigid and complacent, you close the door to business opportunities.

Gain new skills

There is no place in this business for notary signing agents who are set in their ways and not willing to embrace new technologies and learn new skills. If you allow yourself to believe that there is just one way of doing things, or that you already know all that you need to know, you will become extinct and get left behind.  Continue to learn. Keep adding new skills.  That requires flexibility.

Change your plans on a moment's notice

I made plans to go hiking up Barr Trail this weekend, early on Saturday morning. It's the trail that leads to the summit of Pikes Peak. It's best to get a very early start.  But I got a call to do a closing that will be late this evening (Friday).  In order to get the documents delivered, I will have to take them to the UPS Store on Saturday morning -- at a time I was hoping to be on Barr Trail.  I figured I would change the hike to Sunday morning.  But I got a call asking me to do a Structured Settlement at 8 AM on Sunday morning.  Oh well, maybe I'll hike up Barr Trail next weekend.

The bottom line is that, you must be willing to be flexible in order to survive in this business. The customer comes first.  And their demands will often conflict with your desires.

Good luck.

This could also be entitled: 'Never take anything for granted.'  That's the lesson I learned about my cell phone years ago. A title company called me at 7AM to do a closing.  I wasn't expecting to get a call so early. Fortunately I was wide awake and my phone was on.

But what about Sunday morning?  Doing a closing on a Sunday is nothing unusual for a notary signing agent.  We do closings 7 days a week.  But in all of the years that I have been a notary signing agent, I have never gotten a call on a Sunday morning.  From the general public -- yes. But never from a title company.  So I assumed that, if I haven't gotten a call already to do a closing, my Sunday is free.

I was at 24 Hour Fitness on Sunday morning, working out on the elliptical trainer.  It's my favorite piece of equipment at the gym. It also allows me to watch television while I'm working out.

It was going to be a recovery workout since I did my hardest workout yesterday. Nevertheless I brought along 2 bottles to sit on the rack in front of me: one filled with water, and the other filled with sport drink.  I considered leaving my cell phone in my locker, but decided to have it with me.  I was a few minutes from completing my workout when I got a call to do a closing.  It's scheduled for Monday evening.  I imagine the company didn't want to wait until Monday to try to find a signing agent.  The documents have already been sent to the borrower.  They just needed a closer.

It's a good thing I had my cell phone on and with me.  If I had left it in the locker, I would have certainly missed that call.  And in this business, companies rarely leave a voice message and ask you to call them when you get a chance.  They just go down the list.  Needless to say, my cell phone is like an appendage -- a vital organ for doing business.  Because you never know where or when you will get a call to do a closing.  Even early on a Sunday morning.

Good luck.

When I got out of high school, I did what a lot of teens living in Detroit did during the summer: I worked in an automobile factory. Back then it was easy to get a job. In fact, for a brief while I was working at two Chrysler factories at the same time.  I worked the afternoon shift at one, then the midnight shift at another.  It was simple to arrange.  When you apply, they tell you which shifts they have openings for.  You basically choose whichever shift you prefer.  I didn't care much for working mornings, so I always chose afternoons and midnights.

For notary signing agents, there are no shifts. Our working hours are dictated by the demands of our clients. Sure, you could say that you only work 'mornings', but you'd lose a lot of business. So we find ourselves working mornings, afternoons, and midnights.  And even on weekends.  Whenever I get a call for notary service from the general public, I'm often asked: 'How late are you open?'  For most people, their work days are predictable. They know what time they have to be at work, and what time they will get off.  So it comes as a surprise when I tell them: 'I'm always open.' 

When I'm not on the road, my cell phone sits in a cradle on my desk. It's always on, ready to receive a call to do a closing assignment, and always charging.  Even when I'm asleep. (Yes, I actually do sleep occasionally).

There are of course advantages and disadvantages to all of this. 

The advantages are that you choose your working hours.  I got a call yesterday to do a closing. It was left up to me and the borrower to arrange a time. So we scheduled it for 1PM.  It worked out well.  I had just finished training at the gym.  I was in my car on my way back home when I got the call.  As soon as I got to my office I called the borrower, printed the loan documents, then did the closing. 

The disadvantages are that it doesn't always work out this way.  For the most part we are told when the closing is scheduled for.  It could be on a Saturday afternoon -- like the request I got last week to do a closing on Saturday afternoon in Castle Rock.  If you were planning on going on a trip, you cancel the plans.  Yes, you could decline the closing assignment, but we're not in the type of business where we can be choosy.  At least I haven't reached the point where I can afford to turn down an opportunity to make money.  And especially not in times like these.  You take all the calls you can get.

Being a notary signing agent has changed me in many ways.  When you're running a business, you quickly learn that you can't be selfish with your time. You can't always do the things you want to do, and when you want to do them.  

It has changed me in another way too. 

I once preferred working afternoons and midnights.  If you asked me now, which shift I would prefer, I would definitely say the morning shift.

I had quite a busy day yesterday. Just one closing, but 4 calls for mobile notary work for the general public: two Power of Attorney notarizations, divorce documents, and a motor vehicle title. 

I had to refuse the motor vehicle notarization.  It was already signed.

That's not a problem in itself.  Colorado notary law does not require that the document be signed in the presence of the notary for an acknowledgement. The problem is that the document was presented to me by someone other than the person who signed it.  The person who signed it was not present.  He was in another location. I explained to the person that, the only way that this could be done legally would be to send the document to the person and have them find a notary.  I simply cannot notarize the signature of someone who is not present.

Why is this so important?

It's too much to ask that everyone be knowledgeable about notary laws and procedures. But there are some basic principles that people must understand when it comes to notarizations. We don't just stamp documents. We notarize signatures. And one of our responsibilities is to ensure that the signature on a document is authentic. That signature could have been forged.

Subscribing Witness

There are occasions when the signer does not need to be physically present before the notary.  A 'Subscribing Witness' would watch the person signing the document, then signs his or her name on the document at the request of the signer.  However, that possibility is ruled out for this motor vehicle notarization because, one of the requirements for a subscribing witness is that the notary must personally know the subscribing witness, or the witness's identity must be proven by the oath of one credible identifying witness who is personally known to the notary.

I was also put in a difficult position for one of the Power of Attorney notarizations.  It was at a nursing home. The document hadn't been filled out. Perhaps they were waiting for me to arrive so that I could tell them how to fill it out, because that is exactly what they did. This is something else that people don't understand.  If a notary knows what he or she is doing, then they should know how to fill out the document that they are notarizing. Right?

Wrong.  The notary is not supposed to assist the person in filling out a document.

Yes, it makes the notary appear incompetent when they tell the person that they can't help them fill it out.  But that is precisely what we have to do.  I explained that I am not an attorney, and that assisting them in filling out the Power of Attorney is considered unauthorized practice of law.  I sat patiently and waited while they figured out how to fill it out.  Then I proceeded to notarize the father's signature.

While I was doing another notarization the person told me that he was under the impression that being a notary was really simple, and that anyone can be a notary.  He learned that that is not the case.  I explained to him that being a notary is not just knowing what to do. 

It's also knowing what not to do.

Good luck.