Colorado Springs Notary - Leon Austin

Whenever I get a request to do a closing in Florissant, Colorado, I think of that saying: 'It's not just a job. It's an adventure.'

For starters, Florissant, Colorado isn't actually a city.  You won't find paved streets with traffic lights.  There are no neighborhoods with rows of houses and kids playing on the sidewalks, or people walking their dogs.

No. Florissant isn't a city.  It's wilderness.  Instead of streets, avenues, and boulevards, you have county roads.  And they aren't laid out in a grid.  They twist and wind.  As you may have guessed, not all of the roads are asphalt. They're mostly dirt roads.

And Florissant isn't the kind of place where you want to have car troubles.  There are no gas stations every mile.  You might consider calling AAA, if you're able to  get a call through to them.  There are many areas where there is no cell phone coverage.  You're on your own.

I did a closing a couple of weeks ago in Florissant.  For that closing I took CR1 (County Road 1). 

There is another road -- Lower Twin Rocks Road (CR 42). 

It intersects with CR1 and provides a bit of shortcut if you're driving from Colorado Springs. That's the road I took to get to the closing I had yesterday.  Both roads are paved and in pretty good condition.

It's a good idea to have a GPS.  I used to shun the devices, thinking that I could find any location with a map.  But now I can't imagine owning a car without one.  And I can't imagine trying to find my way through Florissant at night without a GPS.

It's a beautiful area of Colorado with a lot of spectacular scenery.  I don't think I'll ever get to the point where I can say that I know my way around Florissant like I do Colorado Springs.  But I've reached a point where I feel comfortable accepting an assignment to do a closing there.

I got a call yesterday from someone in Colorado Springs in need of a mobile notary to notarize a Lease Agreement.  When I arrived I asked to see the notary certificate on the document. 

Instead of the usual notarial wording, all it had was the word 'NOTARY'.

Apparently this was the place where the notary was supposed to do whatever it is that notaries do. 

The problem with this is that, notaries may not notarize a document unless it contains a notary certificate.  And a notary may not choose what type of notary certificate to add to a document.  This is considered the unauthorized practice of law (UPL).

Rather than go through a lengthy discourse on notary law, I told the person that they would have to choose what type of notary certificate to add to the document.  I took out an acknowledgement and a jurat from my briefcase.  They recognized the wording on the acknowledgement and wanted that.  So I used an acknowledgement.

There were two ways to add the notary certificate (notary wording). 

I could have attached a loose certificate,

or used an acknowledgement stamp and stamped the wording on the document.  Since the document had enough room on it, I used an acknowledgement stamp.

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This is a problem that I face often.  Signers don't understand the role of a notary, and don't realize that notaries may not notarize a document unless it has a notary certificate.  And if it doesn't have a notary certificate, the signer has to give the notary instructions as to how it should be notarized.  It isn't enough to say, 'Notarize it.'

If you have a hand-written letter, or any kind of document that does not contain notarial wording, see the section on my website, Acknowledgement or Jurat?, to determine what type of notarization you want the notary to perform.  The instructions must come from you, the signer.  The notary may not make that decision for you.

I have come to accept that not everything in this business makes sense.  So it comes as no surprise to me when I see important instructions for the closing embedded several pages within the loan documents.

And I learned my lesson a long time ago that you are going to get conflicting instructions.  One company will tell you to do one thing, while another company will tell you to do just the opposite.

I'm doing a closing today in Florissant, Colorado.  The instructions that I received state that the signing should be done in BLUE ink only:

Not just one exclamation mark -- two (!!) So this must be a very important requirement.

However, after I printed out the loan documents and began my preparation for the closing, I found these instructions to use BLACK pen only:

They were on page 28 -- almost a third of the way through the documents.  If I hadn't read through all of the documents first, I would have begun the closing using BLUE ink, only to discover that the lender wants BLACK.

It's days like this when I feel like Cool Hand Luke. One 'Boss' is telling me to do one thing, and another 'Boss' is telling me to do something totally different.

'Luke, I thought I told you to use BLUE ink only. ...'

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P.S. The lender instructions say to use black 'pen' only.  I suppose I could use a black 'pen' with a blue ink cartridge.  That way I could satisfy both Bosses.  Although I think it would be safest to use BLACK ink for this closing.

I did a closing this morning at 10:30 a.m. in Colorado Springs.

What's so unusual about that, you're probably asking.

It's Sunday.

To a notary signing agent, being asked to do a closing on a Sunday morning is not at all unusual.  For those of us who are available 24/7, it's part of the job.  We gladly provide the service to the mortgage industry.

The disadvantage for the notary signing agent is that, we don't have a "day off".

There is no "Miller Time".

We never know when we'll be called to do a closing, so we have to be ready to drive at a moment's notice.

However, there are many advantages ...

... for the borrower.

For the borrower it means that they can do the closing of their loan any day of the week, at any hour of the day.  If the title company is closed, that's not a problem.

There is a notary signing agent who is not 'closed', which means that the closing can still take place. ...

... even on a Sunday.

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If you need to find a mobile notary / notary signing agent, you can locate one through either:

Notary Rotary (click on the 'Find a Notary' tab), or

123notary.com

An oath, according to the American Heritage Dictionary, is "a solemn, formal declaration or promise to fulfill a pledge, often calling upon God or a god as witness." 

We normally associate oaths with courtrooms.  A witness takes the stand, raises their right hand, and swears to tell the truth, the whole truth, ... etc. 

Or when an oath of office is administered to a public official -- for example, the recent inauguration of President Obama. 

Although not all presidents have taken the oath of office in front of the U.S. Capitol in Washington.  Lyndon Johnson was sworn in as President of the United States aboard Air Force One.

An oath can be administered for a variety of reasons, and in almost any location.

So what does all this have to do with Colorado mobile notaries?

It is possible for someone in Colorado to give a testimony for a legal proceeding -- over the telephone -- to people in another state.  The person making the statements can do it from their home.  However, in order for this person to be put under oath, it has to be done in the presence of someone in Colorado who has the power to administer oaths.

Colorado law  gives notaries the power to administer oaths. [CRS 12-55-110(b)]  

So a Colorado mobile notary is called to go to the person's home to administer the oath. It is done in such a way that the people on the other end of the phone can hear the person taking the oath. ('Do you ______ solemnly swear ...?')

They are then satisfied that the statements that the person is going to make over the phone will be made while that person is under oath. There could be severe penalties if the person makes a false statement.  The mobile notary doesn't have to be present while the person is being questioned -- only for administering the oath.

That is the role that I played this morning.  I was called to swear someone in so that they could give their testimony over the phone.  First I asked to see the person's identification so that I could properly identify him. I recorded the notary act in my journal.  After that, he made the phone call.  I was asked to identify myself and give my commission expiration date.  I then asked the person to raise his right hand and I swore him in.  Once he was sworn in, I left. I had done all that I needed to do.

If a person in Colorado can't personally appear before a judge in another state, a mobile notary can be used.  A mobile notary can be a vital link, and provide this kind of service to clients all across the country who need to take statements from someone while under oath.

I had a closing yesterday in Divide, Colorado, located in Teller county, not far from Woodland Park.  After the closing experience I had last week in another part of Teller County (Florissant), I decided that I would use GPS for this trip as well, although it wasn't necessary.  If you're heading west on Highway 24 from Colorado Springs, you can't miss the turn into the location.  It is well marked with a sign that reads: 'Sherwood Forest Estates'.

When you make the turn, you will be on a paved road, but not for long.  After about a mile the rest of the roads are dirt roads.  And as the name suggests, there is a vast area of forest here. 

Something else that you might expect from a place that calls itself 'Sherwood Forest' is that the names of the roads are named after characters from the Robin Hood tale. 

For example, there is a 'Maid Marian Drive', 'Friar Tuck Drive', 'Little John Lane', ... just to name a few. And of course Sherwood Forest wouldn't be complete without a 'Robin Hood Drive'.

Divide, Colorado isn't just forest.  You also have a fantastic view of the mountains, still covered with snow. 

Divide is situated at over 9,000 feet elevation, so this view of snow-capped mountains is one that will last for a while.

I arrived in Divide about 15 minutes before the closing and just drove around, admiring the scenery.  It's days like this that make me glad that I'm a notary signing agent.  I get to see so many different parts of Colorado, and am able to mix business with pleasure. 

It's time for me to head on down the road to the borrower's home. 

I wish I could drive around a while longer, but I've got a closing to do. 

I received a call last Saturday from someone requesting mobile notary service.  The document was part of a Colorado Professional License application. This wasn't the first time this person had this particular document notarized. 

Why a second time?

They were doing it for a second time because there was a critical error with the first submission of the application: the notary didn't add their notary signature.  So the teacher's application was rejected, and it had to be resubmitted.

There is no need for this kind of inconvenience.  If the consumer knows what elements to look for in a notarization, they can point out any errors to the notary and have it corrected on the spot. 

The following are some of the most critical parts to any notarization:

The notary certificate should indicate in what state and county the notarization took place.  This is what is called the 'venue'.  For example:

The notary certificate may have been prepared by an agency with a venue other than where the notarization is actually taking place.  If this happens, make sure that the notary lines through the incorrect wording, initials it, then inserts the correct wording.  If the notary certificate indicates 'County of Pueblo', but the notarization is physically taking place in the county of 'El Paso', then the word 'Pueblo' will have to be lined through and corrected.

The commission expiration date: 

Every notary in Colorado has a commission expiration date, and it should be indicated on the notary certificate.  For example: 'My commission expires December 27, 2009'. 

This can be written in by hand or done with a stamp.

The date of the notarization should also be indicated in the notary certificate.

Notary Seal: The notary certificate should bear the notary's seal.  In Colorado, this can be done either with an ink stamp or an embosser.

Also, don't be worried if the notary doesn't place the notary seal exactly where you think it should be. If the document has the words 'Notary Seal', but there isn't enough room in that spot, the notary may choose to place the seal in a spot where there is enough room -- as long as they don't cover any of the wording on the document. And if there isn't enough room, don't be alarmed if the notary takes out a separate sheet of paper, called a 'loose certificate' , and completely ignores the notary certificate on your document.  This is commonly done if there isn't enough room on the document for a notary seal, or if the wording on the document doesn't conform to Colorado law.  The notary will write the words 'See attached certificate' on the original document and staple the loose certificate to it.

Gender and number elements:  If the notary certificate has the wording 'he/she/they' to indicate who appeared before the notary, then only one of the words can apply and the others should be crossed out.  For example, if the notarization is for a male, then the words 'she' and 'they' would be crossed out.

Check to make sure that the notary spelled your name correctly.  If not, then have the notary correct it.

Notary's signature:  This is the reason why the teacher's application was rejected, but it is one of the most important elements. 

Make sure that the notary signs the certificate with their correct signature.

If you are a victim of an improper notarization, you may not want to use that same notary again.  However, you may want to file a complaint against them.  You can do that through the Colorado Secretary of State using a Notary Complaint Form.  See under: General Information --> 'File a complaint against a notary'

The consumer should not have to be inconvenienced by an improper notarization.  If you know what to look for, you can avoid having to go through what this teacher had to go through.  No one wants to have their application (or any important document) rejected -- especially if it's through the fault of someone else.

Hopefully these few tips will help you to avoid any inconvenience or costs due to an improper notarization. 

I have a confession to make. A few years ago I had a closing assignment in Florissant, Colorado.  On the way there I took a wrong turn and had a hard time finding the borrower's home.  It didn't help that he lived far off the beaten path, and that there was no cell phone coverage so that I could call him and get directions.  I finally located him through trial and error. 

Actually, just about everyone in Florissant lives far off the beaten path.  Florissant, Colorado isn't a city.  It's more like an area.  Wilderness, to be exact.

Things have changed a lot since that closing in Florissant.  It can still be a challenge finding some of the locations there, but I have a better attitude about going to remote places ever since I bought a Garmin GPS for my Palm Treo.  GPS is something that every notary signing agent and mobile notary should have.  It's really amazing how this device can find locations.  I had a closing last week in Elizabeth, Colorado.  The GPS got me there with no problem.

But would it find locations in Florissant?

I had a chance to find out.  I got a call to do a closing last Friday in Florissant.   I was able to locate the borrower with no problem.  As I turned onto the road where she lived, the GPS announced: 'Arriving at destination.'  And sure enough, there was the house.  I could have gotten there in the dark.

So I'm feeling a lot more positive about accepting closing assignments to Florissant. I'm more familiar with the roads than before, and I have the peace of mind that I have a GPS to get me there.  If you have a need for a closer in Florissant, Colorado, give me a call.  I'll be glad to go there.

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This is County Road 1 (CR1) -- the road that I took. If you're on Highway 24, you'll see the Thunderbird Bar & Grill -- a landmark that you can't miss. That's where to make the turn if you want to visit the Florissant Fossil Beds National Monument.

I could have also taken Lower Twin Rocks Road.  Perhaps I'll do that someday when I'm feeling a bit more adventurous.

During the closing I had last night in Colorado Springs, one of the borrowers asked me, 'What is the advantage to doing it this way?' 

He was referring to the fact that he, his wife, and I were sitting at their dining room table, viewing the loan documents on my laptop computer. My Palm Treo was tethered to it serving as a modem.

I explained to him the many advantages of an eSigning (electronic closing), although he was able to see for himself once the closing was completed.

Imagine being able to sign more than 25 pages of closing documents -- simultaneously -- with the click of a mouse. That is one of the advantages of an eSign closing.  Mortgage loan closings are going electronic. Paper documents are giving way to digital documents.

Instead of 'Sign here. Initial here.', it's 'Click there.'

After all of the digital documents had been signed with an electronic signature, I entered my name into the system as the notary third party closer verifying that all of the documents had been signed electronically by the borrowers.  A message appeared on the screen stating that the closing was successful.  I then transferred the copies of the digital documents in PDF format from my laptop computer to a CD-ROM and gave it to the borrowers.

For more information about eSign closings, visit the section on my website: E-Signing: Mobile Notary Services for Colorado.

There is a link to the AmTrust Mortgage Banking website where you can view a video demonstration of how all of this works.

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I have a closing today in Florissant, Colorado.  It's not an eSign closing, but while I'm in Florissant I'll use the opportunity to do some tests and see if it's possible to do an eSigning in that location.  An eSign closing is dependent on being able to access the internet.

I got a call last week to do a closing.  It would be in a place in Colorado that I had never been to before.  The first thing that came to my mind was:

Where is Elizabeth?

No, Elizabeth is not my personal assistant who helps me with scheduling my closing assignments, etc.  Elizabeth is the name of a small Colorado town in Elbert county.  It's a little more than 50 miles from Colorado Springs -- about a one-hour drive.

One of the things that I like about being a notary signing agent is that I have opportunities to visit places in Colorado that I would otherwise not go to.  I thrive on the challenges that getting to some of these places presents.

My job as a notary signing agent has taken me high up in the mountains, and far out on the eastern plains.  I actually look forward to getting closing assignments to places I've never been or heard of.

And in the future, if anyone asks me, 'Where is Elizabeth?', ... I'll know.