Kenneth A Edelstein All Purpose Certified New York Mobile Notary
Manhattan Based All Purpose Certified New York Mobile Notary, Providing NYC Apostille Processing, Legalization and New York Fingerprinting - All work Guaranteed
January 27th, 2012
Notarization 101
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.
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 that 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 depend on them to ship; and hope that they get it out the same day.
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 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 ramifications of your document being processed improperly.
The Danger of using the Office Notary
There are three main ways of having something notarized. The most common is to seek a notary at the bank or pharmacy. Often, the bank notary will refuse to notarize some of the more complex documents – under instructions from the bank, to avoid possibility of litigation. Calling a http://newyorkmobilenotarypublic.com is the safest; as a professional is equipped with training and supplies to handle any situation. However, a mobile notary will have a higher fee than the notary at the bank; as they travel to your location. An additional alternative is, if there is a notary working in the office; to seek out the “office notary”.
The office notary always has higher priority job functions, and generally has been “drafted” by management to become a notary for the firm’s convenience. Many of my regular corporate clients call me when “the office notary” is on vacation or out sick. Sometimes, I am called in when the “office notary” is present, but the complexity of the work requires professional notary processing. Thus, I am often able to meet with the “office notary” and talk “shop”. More often than not, the “office notary” relates to me “pressure” situations that develop in the office environment on a regular basis.
Generally the “office notary” has all fees and supplies paid for by the company. This leads to the problem that the firm often thinks of the notary “seal” as corporate property. In real life, this leads to documents being signed away from the notary; then they are sent “interoffice” for notarization. As a professional, http://kenneth-a-edelstein.com will refuse an improper request. But it’s not so simple for an office worker to decline to notarize – when the signature on the document is the same signature that is on their paycheck.
“Our CEO had to leave on an emergency, this document has to be filed today; he signed it moments ago and it needs to be notarized”. What do you think the “office notary” will do? Even if it’s “just once” – it’s bound to happen eventually. That “one time” is a ticking time bomb. If that notary ever is questioned in a courtroom, “have you ever notarized a document without meeting with the person who signed it; remember you are under oath” – the answer puts all other notarizations in doubt. Companies should allow the “office notary” to follow the letter of the law, without exception. However, in conversations with me; that is not the corporate reality.
“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!
Bank Notary Refused because I am not a Customer
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.
“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
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.
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”.
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.
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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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.
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.
"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?
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
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.
Is an Apostille issued for a specific country?
An Apostille is issued by the US Department of State, assuming a properly prepared set of documents; for use in any country signatory to Article 12 of The Hague. This section relates to the international use of personal documents. Thus, an Apostille is not issued for use only in Italy; the same Apostille bearing document can also be used in France. As a New York Mobile Notary Public I am often asked to obtain multiple copies of the Apostille for use in many countries. If you are permitted to show and keep the Apostille bearing document - you need only one; it's good in all countries that accept an Apostille.
The same is true for the "Certification" - issued in lieu of an Apostille for nations that did not sign Article 12. A Certification that is good in China is also good in Canada. Sometimes the situation involves both signatory and non-signatory nations. Then it will be necessary to obtain an Apostille for the document and also obtain a Certification. You should determine in advance how many copies of each you will be required. Once in Europe, it will be impossible to obtain USA processing, as personal appearance before the notary is part of both the Apostille and Certification process.
Kenneth A. Edelstein has obtained hundreds of Apostille and Certification seals; frequently the same day. The process usually involves notarization of a signature. The only case where a signature is not required is the processing of official documents - birth, death, marriage and divorce documents are the most common. Although the Apostille or Certification is not specific to a country - often the need to have the document translated into a foreign language certainly is.
You should carefully consider how many copies of a document should receive "Apostille" processing. Just as a photocopy of a notarization is not also a notarization; a copy of an Apostille is generally useless. Only the original - in the case of those issued in New York State - with the raised gold seal are generally acceptable. The cost of processing many at once will generally be lower than many individual processing assignments given to an Apostille processing agent.
The pitfall of shortcut Apostille Processing
There is a right way and a wrong way to process documents to obtain an Apostille. Most of the time there is only the right way. However, there is often a "shortcut" to speed up the process. The most common situation that offers a shortcut is the out of state birth certificate. The right way for Ken Edelstein to process and obtain an Apostille for an out of state birth certificate is to obtain the Apostille in the state where the birth certificate was issued. However, sometimes my client is "in a hurry" and wants me to obtain the apostille in New York State - quickly.
I always caution my client that it is technically possible to obtain the Apostille in New York, but the Apostille "might" not be accepted in the target country of use. There is a procedure, totally legal, for obtaining an Apostille for a Birth Certificate issued in Montana - in New York City. I have done so many times - "most" of the time the Apostille bearing document is accepted. But, not always. It is the responsibility of my client to determine if the Apostille obtained in New York for a Montana issued birth certificate will be acceptable - where the Apostille bearing document will be presented.
As a New York Mobile Notary Public, with many years of experience with the "system" - I know the "ins and outs" of getting things done quickly. I always caution against shortcuts, but the client calls the shots. I can almost always obtain an Apostille or Certification - legally (the only way I would ever operate), but just having it does not guarantee its acceptance. Generally the shortcut process involves a statement by the holder of the document and not a statement by the official who issued the document. There is a major difference between the two. However, the constraints of time and distance often make the shortcut "worth a try".
I am one of the few, if not the only mobile notary public who offers a total 100% guarantee that gives the client the choice of redo or refund. That guarantee is offered for almost everything I do. The exception is when I advise my client to not proceed with a shortcut method to obtain an Apostille or Certification. I feel it is my duty to advise them of the availability of the procedure while also advising that it not be utilized. The ultimate decision is made by my client and I process accordingly. However, a shortcut taken is taken without my personal guarantee - and each client is advised accordingly.
NYC Mobile Notary | Your Legal Name | New York Mobile Notary Public
Your Legal Name and the Notary
Your legal name is exactly what is on your birth certificate - unless changed by a legal procedure. Sounds simple, but you would be surprised just how much trouble folks can get themselves into when they stray from their legal name. "But that is how I prefer to be known", the client tells me when they sign "Billy Smith" rather than the "William Smith" that is on their drivers license. Sometimes the situation gets really ugly. "Billy" may be the name "on title" (due to a careless notary when the property was bought) - but a sharp notary (when it comes time to sell the property) - will not notarize "Billy"! There are procedures, using "Also Know As", but they raise eyebrows during processing.
Middle names can be a big problem. As a New York Mobile Notary Public I often have the problem of "under ID" when notarizing. The document has the middle name or initial and the driver's license lacks the middle name/initial. Technically, the client is in an "under ID" situation and has not proved the name on the document. The best and simplest policy is to use one format of your name in every case - consistently. Another name related problem is "stage names" - many of my clients are performers and often want to use their "stage name" on a legal document. "Sorry, but you are Arnold Green, not "The Amazing FlameEater" - I actually must remind them to use their real name.
Perhaps the strict notary laws affect my perspective. I am Kenneth A Edelstein and must sign exactly the name on my notary license. Furthermore, I must sign it exactly, (or nearly so), the way my signature is recorded on my Notary commission. Fortunately, as a notary, I am not required to have your actual signature match that 10 year old driver's license signature. Being certain of your ID is all that is required. However, it is probably a good policy to try to maintain your signature's format - to the extent possible.
There is one odd situation where an illegible "squiggle" is actually helpful! When the document calls for a middle initial/name and the "squiggle" is unreadable - then I ask "did you sign your full name - including middle name/initial?" A "yes" reply allows me to accept that "squiggle" as the full name. But, if the signature is clearly readable - and a portion "under the line" - is missing from the handwritten signature "over the line" - then I must ask you to resign with the complete name!
The Notarized Self Serving Affidavit
A self-serving affidavit basically says very little. It is a vehicle for making a small statement by an affiant. But, it can be a very useful tool both for the notary and the person making the statement. One of the simplest forms is "My signature is on this page." The document is then signed and notarized. Actually, this is quite common when opening a foreign bank account. In order for me to notarize your signature - I must ask if the document you signed is "true", thus you must say something - you can't just sign a blank page and ask me to notarize it.
A more complex use of the self-serving affidavit is the "affidavit of copy." This is used when you need to have a document notarized - but the person who signed it is not available. You make a copy of the document and basically state "under oath" that the copy is a true and complete copy of the original document. Then your statement as to the completeness of the copy can be notarized. That notarization can even be used to obtain an Apostille. Some limitations exist in New York. When Kenneth A Edelstein brings the document for Apostille processing - the document is checked to see that the person who made the copy is actually named as being the holder of the document.
Thus the "affidavit of copy" can be used to Apostille a copy of a phone bill you received. There is no other way, as the phone bill does not have a signature - a requirement for notarization. Why apostille a copy of a phone bill? It is often required as part of a package used to verify the residence address, typically when opening a foreign bank account. However, there are times when the original document - the actual phone bill you received must be used. In that case, a similar self serving affidavit - the "affidavit of receipt" - stating that you received the document is used.
As a New York Mobile Notary Public I process these and many variations of the self serving affidavit. They usually are simple statements of fact, and may or may not refer to related documents. Take care that the statements are absolutely truthful. A false statement on a notarized document is a serious matter and intentional falsehoods are a criminal offense - similar to perjury on the witness stand. Key point: a legal document need not be complex, but if you sign it - it must be truthful.
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.
Your Fingerprint Cards Were Rejected - What To Do
Fingerprint card rejection is very common. The FBI is very demanding about the image quality required for acceptance of fingerprint cards for inclusion in their database. The card must be completed fully - using black ink. The most common reason for rejection is the quality of the fingerprints themselves. Some folks have very distinct fingerprint ridges (friction ridges); others have very faint LOW fingerprint ridges.
The individual's background can be a cause for low fingerprint ridges. Some of the more common occupations can literally wear or eat away these ridges, Doctors and nurses who wash their hands constantly; sailors who work with ropes; overseas laundry workers who have exposure to phosphates in laundry detergents; and painters who use various solvents. Also at risk are rock climbers, persons taking certain prescription drugs, and those who play string instruments without a PICK
It is the skill and equipment of the technician that insures acceptable prints. Most commonly used is the fingerprint inkpad / cardholder. That custom device works most of the time and yields acceptable fingerprint images. However, for those with truly shallow fingerprint ridges, the older "ink and slab" equipment is preferable. In my KIT of supplies, I always carry both type of inking equipment. At NewYorkMobileNotaryPublic.com you can read much more on this subject. Basically the ink, roller and (glass) slab allow me to put a very thin layer of ink on the glass. This avoids over inking - the most common problem.
One more tip: Always inquire of the fingerprint service about their guarantee. Mine is to either refund or redo - your option - any prints rejected for poor quality. Any fingerprint service with a low reject rate should be willing to offer the same guarantee. I invite you to access my web site at NewYorkMobileNotaryPublic.com and read my published articles on fingerprinting. I also have a page devoted to fingerprinting with advice and suggestions; how to avoid having your prints rejected - doing it right the first time.
Ken Edelstein is an All Purpose New York Mobile Notary Public come here NewYorkMobileNotaryPublic.com for all your questions and Notary Public needs
Legalization - a Visa for your Business Documents
Legalization - a Visa for your Business Documents
The importation of business documents into a foreign country often requires the payment of a fee. That fee is paid when legalization stamps are affixed to documents destined for use outside of the US. An analogy is the payment for a visa to be affixed to a passport. In the case of business documents, the stamps are obtained from the consulate or embassy of the target country. Procedures to obtain legalization vary greatly. Some countries require an Apostille prior to legalization; others only require notarization of the signatures.
The processing of legalizations can be lengthy. Rarely is it a walk in, pay the fee, walk out. Consulates and embassies often establish specific filing and pickup times. Some require payment in cash; some only accept US postal money orders. Often specific forms must be completed; sometimes available from the national web site; other times a visit is required to obtain the form. Technically, being "foreign soil," the location observes their national holidays; and may be closed when least expected.
Most legalizations require notarization of the signatures on the document. These notarizations must be perfect - any flaw will be grounds for rejection. It is common that a document for legalization be stapled; not bound by a "clip" - so the document's pages cannot be exchanged. Some countries require a copy of the document for their records. At the consulate or embassy, announcements are made in the native language of the country; but most clerks at the windows do speak English.
I have processed many legalizations, and have a detailed section about the processing on my web site: NewYorkMobileNotaryPublic.com. The typical timeframe is two to three days; however, many nations offer expedited service for an additional fee (per document). As the underlying notarization is critical, I prefer to also process the notarizations to insure acceptance at the consulate or embassy. My processing is personal, never trusting the critical documents to a messenger - from pickup to delivery.
Ken Edelstein is an All Purpose New York Mobile Notary Public visit here for all your questions and Notary Public needs
How to get an Apostille - let me count the ways!
"I want one simple methodology that will apply for all my Apostille needs." If it were possible I, Kenneth A Edelstein would be happy to oblige. However, the processing path varies greatly; based on the type of document that will receive the Apostille. The simplest case is when I notarize an affiant's signature. Examples are affidavits, Powers of Attorney, and copies of routine commercial documents. It is the signature, Not the document that receives the Apostille. When I notarize a signature on a document it is relatively straightforward to obtain an Apostille.
Officially issued documents follow a very different path. The person receiving the document does not sign what they receive. This is the case for Birth Certificates, copies of Marriage Licenses, Divorce Decrees, Death Certificates, and business records issued by licensing authority. In these cases the entity that issues the documents must provide the notary with a "notarial equivalent" - and that is often hard to obtain. One example is a police department criminal background report. The signature on the report, that of the issuing police officer, is the one that must be notarized; and requires the notary to visit the police station. Appointments with police officers are hard to make and they are frequently called away, without notice, on "police business".
Educational documents are the hardest. They require a letter from the school, on school stationary, by the registrar or custodian of documents. That letter must be notarized and NewYorkMobileNotaryPublic.com must meet, by appointment with the school official in order to notarize the letter. The student must make the appointment, as the school will not release such documents to the notary!
There is an apostille process "back door" that simplifies the process. The holder of the document can sign a statement as to the validity of the document and that (copy or original) the document is unmodified. However this method results in an apostille being issued to the statement by the holder - not - applied directly to the document itself. It is the responsibility of the affiant to verify if this method will be suitable for the intended use.
Apostille Processing for "Vital Records" - Birth, Marriage, Divorce, Death & Educational Transcripts.
I am often called upon to obtain an Apostille for the above "Vital Records". While the rules vary from local to local (New York State specific information on my web site: http://NewYorkMobileNotaryPublic.com ) there are some general conditions worth noting.
An Apostille is issued to a notarization or notarial equivalent. It is not issued to the document itself. Thus the basis can be the notarization of a signature, or the seal issued by a governmental body. An example of New York procedures will illustrate.
A birth certificate issued by the City of New York contains a seal from the city that can form the basis of obtaining an Apostille. A copy of a birth certificate from a town in Arizona can also be Apostille processed in New York. As the issuer of the Arizona birth certificate (even if it is an original) is not known in New York, a statement by the holder of the certificate is notarized; it is that notarization that can receive the Apostille.
Thus, both the New York and the Arizona birth certificates can receive an Apostille issued by the State Department in New York. Both are valid Apostilles, but are they of any value?
The New York one certainly is. It contains the seal of the city and a proper Apostille. But, even though the Arizona birth certificate has an Apostille - the apostille is not related to the Arizona birth certificate - it is related to the statement made to me that the birth certificate from Arizona is either an original or a true copy.
The ultimate destination of use of the Apostille bearing document is the only place that can decide if the Apostille is suitable for purpose. In some situations either one would be acceptable - but, some would reject the Arizona. The "more proper" procedure for the Arizona would be to have the original processed in Arizona - verification of the issuing authority - and an Arizona issued Apostille affixed to the document.
This issue is explored in greater detail on my web site http://NewYorkMobileNotaryPublic.com
Choosing a New York Mobile Notary Public
NewYorkMobileNotaryPublic.com
New York City! There is no place like it in the world, the city that never sleeps. Notary service is no exception. Service offerings range from "in the gutter" to the "skyline of New York" and all areas in-between. This article will help you to select a service, and covers key questions you should ask of a prospective service provider. Also covered is how to read, really read, a web site offering New York Mobile Notary Public services.
A notary is a notary is a notary. Not exactly; there are significant differences in the level of skill, preparedness (variety of forms, stamps and embossers), and fees charged. Some offer "walk in" service, others are mobile only. Everyone knows that New York City has very high rents. Operations with walk in service have major expenses not incurred by a mobile (goes to you) notary service such as http://newyorkmobilenotarypublic.com.
You should look very carefully at claims (boasts?) made on web sites. The more substantiation of claims - made by factual evidence, photos or "off site" links that prove the statement, the better. It's easy to "cut and paste" a logo - having the logo "clickable" to a link on "their" site - that proves the membership or other claim is what to look for. The most positive assurance of reputable practices is the name and home address of the owner of the firm. Be wary of unproven claims of headcount or greatness. It's time to "stop reading" when you hit the first instance you feel is "baloney". You can be sure if there is some fabrication, more will follow later in the text.
Perhaps the most distinguishing aspect of http://kenneth-a-edelstein.com (my other web site) is my very full disclosure about myself. Not to brag - but to let you know that I am very sincere about my consumer first policies. Few of my competitors have an A+ rating with the Better Business Bureau of New York, or are members of the Manhattan Chamber of Commerce. Links to my accreditations are on both sites. Many of the calls that I receive do not result in revenue for me - but they are given the most help I can provide - short of legal advice - which I am forbidden to provide.
What if you have no fingerprints and need fingerprint clearance?
As a fingerprint technician I, Ken Edelstein am frequently asked to fingerprint people, generally for immigration or licenses, who literally have no fingerprints whatsoever. The causes are legion. Some are taking medication that has the effect of removing their fingerprints. Others, thru their professional activities have worn away all traces of their natural fingerprints. Some of the occupations include: medical workers who wash their hands literally dozens of times a day, guitar players not using a pick and rubbing their ridges off with each tune, sailors working with ropes, and artists working with paints and paint thinners who clean up by just wiping their hands on their aprons.
Fingerprinting is more of an art than a science, whereby the analysis of the fingerprints is the reverse. Proper fingerprint techniques can enhance shallow ridges, or faint fingerprints. All the basics must be carefully observed including: a cool room, proper lighting, proper fingerprint station height, use of ink & roller with a very thin ink layer, and a careful briefing of the subject as to the proper procedures. Additionally proper hand washing and application of fingerprint ridge raiser chemicals can help - when there is something to work with......
But, sometimes there is just nothing - nada, not a trace of a friction ridge. The fingertips are sometimes as smooth as glass; more like a marble than a human fingertip. How then can these people be accepted by the FBI database by submitting classifiable fingerprint cards? The answer is they can't. But, that is not the end of the story. Just because someone does not have fingerprints that can be classified in the standard procedure does not inhibit them from their employment goals, licensing requirements or opportunity for immigration or adoption.
For the fingerprintless among us there is a procedure for clearance. It's a bit lengthy and tedious, but eventually succeeds. The procedure is to submit standard, best efforts, fingerprint cards three times; and probably receive each time a rejection due to poor print quality. On the fourth submission, NewYorkMobileNotaryPublic.com as the fingerprint technician, I also submit an Affidavit of Best Obtainable. This details the nature and history of the problem, the techniques I attempted to overcome it. It includes my statement that the fourth submission contains the best possible images, in my professional opinion; considering the situation.
Ken Edelstein is an All Purpose New York Mobile Notary Public come here NewYorkMobileNotaryPublic.com for all your questions and Notary Public needs
How can I tell if the Notary is authentic and reliable?
How can I tell if the Notary is authentic and reliable?
It is rare for someone to impersonate a notary. Most reputable rubber stamp and embosser shops require the notary ID card for them to process an order. However, there are now walk-in facilities that will take any image and turn it into a rubber stamp - without a glance! Your first line of defense is to ask to see the notary ID card - issued by the Department of State. It has the name of the notary and the expiration date of their current commission. In New York State a notary commission is for four years. The notary ID card does not have a picture - ask to see photo ID - compare the name on the notary ID card to the photo ID.
There is a wide range in the quality of notary service. At one extreme is the totally incompetent notary who just stamps and initials your document. Ken Edelstein is at the other end of the spectrum. I take each assignment personally, doing the best job possible. Many times I spend a long time explaining procedures and giving advice - with the knowledge that the discussion will not lead to me earning a fee. There is an aspect of public service to my profession that I accept, not as "overhead"; but as "giving back" to the community as NewYorkMobileNotaryPublic.com.
Examine the web site of the notary carefully. When you read boastful "baloney" - move on. Sites that claim to be able to respond anywhere in 15 minutes, or that have been in every hotel in New York City - are - to put it gently - not being totally honest. My notary "kit" is second to none - it weighs over 20 pounds. Two sizes of embossers, two sizes of rubber stamps, a wide variety of notary forms, National Notary Association receipts, gold seals, etc.
Some notary services attempt to "trade up" the job. They will totally abandon one client if an assignment that pays more wants the same time slot on the same day. My word is my bond. I am almost never late - actually, I usually arrive early. My home address is on my site - very few notaries do that - I do not make enemies. Kenneth A Edelstein from NewYorkMobileNotaryPublic.com. has a policy of full refund or redo (at your option) if you are not satisfied with my work. My A+ rating with the Better Business Bureau of New York, and other references on my "about me" page - are aspects of my full disclosure policy. I welcome your call.
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Do you need notarization, apostille or legalization?
I am often asked if a document needs to be notarized; an apostille affixed or should be Embassy/Consulate legalized. Not being an attorney, I can not give legal advice. But, I can say the answer is: it depends on the requirements of the person or organization receiving the document. They have their requirements - it is those requirements that determine what processing the document must receive.
It is rare for documents originating in the US and to be used in the US to require an apostille or legalization. Those processes are generally for documents that originate in the US and are destined to be used in a different country. But, ever there; there are exceptions to the general rule. I have had cases where a locally used document required an apostille on the chance that it might be used in evidence in a foreign court!
In New York State even the notarization procedure has an option. After the notary affixes their seal and stamp; an additional step, authentication of the notary signature can be requested. Usually this additional step is part of the apostille or legalization procedure. However, I have often been requested to provide authenticated notarizations for documents to be used in court. It's a "best practice" for the notary to always emboss documents when they affix their rubber stamp "seal." The embossing is proof positive that the document is the original.
I have placed checklists and tips regarding the above, and much more on my web site: NewYorkMobileNotaryPublic.com and I invite you to brows the research that I have posted. I often use the "Beauty is in the Eye of the Beholder" phrase to explain that, while I can provide a variety of service; I cannot specify what service is required. Case in point: marriage license. I have notarized, obtained notary authentication, obtained an apostille; and added legalization to the apostille - for a marriage license destined for use in China. For other clients, just notarizing a copy of the marriage license is what they need. Until next time, Kenneth A Edelstein
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The Notary Service "Puffer" Fish
The puffer fish is a small fish. However, the puffer is a sly fish and manages to be rarely eaten by slightly larger fish. It inflates itself with water - to appear to be a bigger fish! In a similar manner, some notary services think you want to deal with a gigantic entity to have a document notarized. I don't understand the logic. Notarization, especially a mobile service that goes to your location - deploys a single agent. What is the benefit of a massive or fictitious organization - when you have an appointment to meet with one person, the notary?
http://newyorkmobilenotarypublic.com is me Kenneth A Edelstein. I always answer my phone and speak to you, no "front end" clerks - and I myself do your work. The only exception is when my wife Sandra answers the phone - because I am with a client and wish to devote my total attention to the task at hand and not take phone calls. However, Sandra and I have walkie talkies so she can reach me in an emergency. The puffer fish notary agent always answers the dispatcher's calls, and makes you wait. Be it from their Call Center, Central Dispatch, Main Operations Office or whatever name "Puffer Central" is currently using. It seems so silly to me. But, some are drawn to the "larger entity" believing they are more equipped to process the task at hand. Nobody has better equipment - more forms - a more complete mobile notary workstation than I do - nobody.
I keep costs down by not having a legal staff, foreign contacts, multiple office locations, or an overly diversified "product line". I specialize in notary related functions - and offer a unique (to the best of my knowledge) guarantee. 100% satisfaction or I redo or refund your money - at your option. As a small, non-"puffer" fish, I can devote my personal attention to every project. I have no aspirations of expanding my services outside of New York State - and mainly operate within my home city - New York City.
Compare my site to others. I really do live in Manhattan - that's my home address at the top of every page. I don't have a lot of sales hype - asking you to CALL CALL CALL on every page. Rather, I prefer to give useful information and obtain your business the old fashioned way - by earning it. I invite you to browse http://newyorkmobilenotarypublic.com - you will not find a bloated "puffer fish" description of my operations, abilities or services. If you only have time to look at a single page - look at the "About Me" page.
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Notarizing Important People
Notarizing Important People
Living in the heart of New York City, Manhattan, http://kenneth-a-edelstein.com - I have had the pleasure of notarizing documents for many "VIPs" or Very Important People. I provide my signature "Key Client Services" to everyone - VIP or not. However, sometimes providing service to a VIP can be a bit of a challenge. Drawing on my degree in Psychology helps - not to manipulate - but to help my clients feel at ease. My background skills help me to understand what not to do, and how to make sure the process goes smoothly - resulting in a perfectly notarized document.
Sometimes the challenge is not being able to speak directly to the client. VIPs often have "front end" assistants. Sometimes the assistant, personal secretary or nurse informs me that: "I sign everything for my employer". Sorry, but not this time, I gently inform the helpful but not authorized employee. I must meet face to face with the person whose signature I will be notarizing - there is never an exception. No email, no FAX, no teleconferencing, (I actually have been asked to notarize that way several times), and certainly not by phone. The employee of the VIP can arrange the appointment, check the calendar, but not sign the document.
Just today I was in the office of a prestigious New York physician - the doctor was to sign off on the health of my clients for an adoption. I prepared the notary sections on various documents, but I did not sign them - I always sign last - after the ID is checked. I asked the doctor to see his driver's license. He was a bit amused, not angry or uncooperative - just amused. "We are in my office, my many degrees are on the wall, my patients (who arranged for my visit) are here - "why would you ask me for my driver's license" - he asked with a polite smile - obviously surprised at my request.
"Doctor, as a http://newyorkmobilenotarypublic.com it is my duty to verify ID in all cases. There cannot be an exception as my license is governed by specific rules. Just as you would never consider writing a prescription without examining your patient - I would never notarize a signature without verifying the ID. It is for your protection. Even though I am being paid by your patients, my ultimate responsibility is to protect you from impersonation and forgery. I do not know you personally. Perhaps the real doctor has the day off and you are an imposter, it is possible. By checking your ID - I protect your good name - that is why I am here."
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Mobile Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
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Sorry, but I can't Notarize that
Almost anything can be notarized, with a few key exceptions. Perhaps the most common reason the notary declines to notarize is a lack of proper ID. Most notaries will require "government issued photo ID", however the legal requirement varies from state to state. In New York State the code does not specify what the notary must see; and each notary establishes their own standard for ID. Non Photo ID is never acceptable. A photo ID from "Freddie's Gym" will probably not be accepted; whereas a work ID - might.
A notary must make "face to face" contact to verify ID. It is illegal to notarize via Fax or verify ID on the basis of a telephone call. I have an interesting expansion of this situation of my web site: http://kenneth-a-edelstein.com just click the menu item "Notary Law & Procedures". The wording of the document determines if the notary is required to actually witness the signing of the document.
If the wording is "sworn to and subscribed" then the notary is required to see the signature take place. If already signed - it can be signed again to meet the requirement. If the wording is "this instrument was acknowledged before me" - then the notary is only required to check the ID.
Official records, Birth, Marriage, Divorce, Death Certificates, and some others are not generally notarized by a notary public. The equivalent of a notarization is provided by the certification by the issuing authority. A common problem is clients wanting a photocopy of an official record to be notarized. That procedure is always improper as the signature of the official (who is not present) would need to be notarized, not the holder of the document. It's a good idea to order more than one copy when dealing with official (vital) records. A photocopy of a notarized document, or of a "official record" is not considered to be notarized or official.
Notarization can be performed on a very wide variety of "documents". If you catch a very large fish, and write "I caught this fish", along with your name and the date; I can notarize your fish! The key to notarization is the ability of the notary to verify the ID of the affiant. You will find many tips and suggestions on the process of notarization on my site: http://kenneth-a-edelstein.com - I invite you to learn more about the process.
Must know facts about having your transcript or diploma notarized. Visit Here
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Must know facts about having your transcript or diploma notarized.
Mobile Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
Brought to you by Kenneth A Edelstein All Purpose Certified New York Mobile Notary
Must know facts about having your transcript or diploma notarized.
It's your college degree or transcript and you have been asked by your employer to provide a notarized copy or perhaps an Apostille.. It sounds simple, but there are a few things for you to consider, and some decisions for you to make. The simplest procedure is for you to write a statement that the document is yours, and have your signature on the statement notarized.
Alternatively, you can have a notary go to the school, obtain a letter from the registrar that the attached copy is authentic, and have the signature of the registrar notarized. Both procedures involve the notarization of a signature, but the first is your signature; the second is the signature of the registrar.
The first procedure, the notarization of your signature is the valid, but, does not constitute notarization of the degree or transcript. It might be acceptable; but that determination can only be made by the person or institution where you submit the documents.
You can even have http://kenneth-a-edelstein.com obtain an apostille on the document, but it will be an apostille of your signature (on the statement); it will not be an apostille of the underlying document. This procedure often works; it depends on the recipient.
The alternative involves more work. A notary must go to the educational institution, meet with the registrar, obtain a letter stating the attached document (degree or transcript) is valid; and notarize the signature on that letter - that refers to the document. With this procedure the document itself has been notarized and is far more acceptable, compared to your statement of the documents validity. The letter from the registrar should be on official school stationary and the title of the person signing should be on the letter. They must be an official of the school, authorized to make a statement as to the validity of the attached document. Ideally the letter describes the attached document in detail, the signature must me handwritten not imprinted or a stamp.
Educational documents are among the most difficult to process for Apostille or Embassy/Consulate Legalization. The difficult part is arranging for the notary to meet with the proper school official. I have successfully processed many educational documents, generally for use overseas - with Apostille / Legalization. Please understand that these requirements are in place to protect you against forgery and identity theft. You can find more information on this topic, and a variety of other notary related functions at http://kenneth-a-edelstein.com
Why you need more than one Power of Attorney Visit Here
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Why you need more than one Power of Attorney
As a New York Mobile Notary Public, I am often called upon to notarize a single Power of Attorney document. I always advise my clients to prepare multiple copies of the form prior to my arrival. The Power of Attorney basically allows someone else to sign your name on a legal document. You can specify exactly what the "powers" are granted. For example you can restrict your "Attorney in Fact" - the term used for the one who is granted the "power" - to signing the papers for the purchase of a house. The "Attorney in Fact" need not be an actual attorney - you can grant the authority to anyone.
The Power of Attorney (POA) document, when "unrestricted" conveys very broad powers indeed. Careful thought should be given to both what powers are granted, and the character of your representative. An unrestricted POA could be used to "sign you into" a mental institution! Remember you are granting authority to "sign your name." As this is such a profound document; and that someone else is legally signing your name, the POA is often kept upon use. For example: If you grant me the authority to go to your safe deposit box, the bank will retain the POA for their records. The bank will want to keep the original POA to substantiate that your access to the box was duly authorized.
Thus the POA is not a "show and go;" but rather a "surrender upon use" document. That is the reason several copies (each duly notarized), are most generally required. A Xerox copy of a notarized document is NOT a notarized document. To manage the affairs of someone might require over a dozen POA's. Original POA's will be required by each bank, brokerage account, credit card account, etc. It is vital that the notarizations on each POA be preformed without the slightest flaw. My site http://kenneth-a-edelstein.com has tips, suggestions and checklists to make sure the notarization will stand up the close scrutiny always given to this most powerful of legal forms.
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Mobile Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
Why would I want a Mobile Notary to come to me?
Why would I want a Mobile Notary to come to me?
There are many reasons to use a Mobile Notary. Perhaps the most important one is that the mobile notary is dedicated to the notary profession, a specialist. Of course you can go to the bank and use their notary, hoping they are up to date on current laws, have the proper insurance coverage, and have a supply of notarization forms for when the requisite notary wording is missing, etc.
Banks also tend to be very selective about what they are willing to notarize, sometimes requiring you have an account with the bank.
Many times we are called to notarize when several people must sign the same document and all of the signatures are to be notarized, as in the case of a will. It would be very difficult for a group to "walk around" trying to find a notary! It is far more practical, considering the witness's time, to have Ken Edelstein appear on schedule.
Sometimes the affiant cannot get to a notary. Obvious examples are hospital and senior citizen situations. At these times the skilled and patient professional notary can assist in the process; assuring all that the procedure is completed correctly. I have a page on my web site devoted to the mobile notary function; it contains a checklist to assist in your selection of a properly prepared notary: http://kenneth-a-edelstein.com/mobilenotary.html
It can also just be a matter of convenience, avoiding the need for a couple to venture out in bad weather, possibly with a small child; so the parents can have a document notarized. Many of my clients are professionals; the time spent "looking for" a notary can result in missed calls; broken appointments; and often cost more than my modest fee. Have you looked at The Case of the Mysterious Notary Find out visit here
I invite you to visit my site. I have posted a large amount of information and limited the sales hype. I promise to not waste your time with boasts and endless self serving sales pitches - I also promise you will find well organized, well researched, and well written useful information related to notary services.
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The Case of the MysteriousNotary
Mobil Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
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The Case of the Mysterious Notary
I note with amusement the recent growth of "phantom" Notary Service web sites. No names, no home addresses, often just a cell phone number, and a machine/"dispatcher" that says "someone will get back to you". That's my home address on my site and the 212 number is my home phone. I am also National Notary Association "Background Checked" and a 123notary.com "Elite" Certified Signing Agent.
When we meet the first thing I do, prior to asking for your ID is to show you mine. I have my NY State Drivers License, my Notary Commission, and my EPA Federal Lead Based Paint Inspector "badge" (with photo).
The sites that boast of "Accreditations" are really referring to (sometimes) paid memberships. Real accreditations are earned, not bought. I am a member of both the BBB and the Local Chamber of Commerce - with clickable links to my listing on their sites. Be wary of accreditations in a "Company Name", people take tests, not organizations. Who are the (unlikely) 6+ staff members, what are their names? How much experience does each have, you might get the "runt" of the litter who just started!
If a "Company" does not give any names on their site, and you wish to know who really is the company? Ask for a copy of the "Certificate of Doing Business Under an Assumed Name, if they don't do business under a genuine human name. Most of all, be wary of "false New Yorkers", operating under a "New York sounding name". Many don't live in New York City; some don't even live in New York State! My site is http://kenneth-a-edelstein.com - and my picture is there too.
Always ask, and verify where the Notary lives. An out of New York state resident notary will probably be unwilling or unable to respond quickly from their distant home location, if at all. Also, many notaries "part time"; attempting to "squeeze you in" around their 9 to 5 NYC jobs; but their priority is, of course; their other job - not you! They don't put their names on their web sites so their "main job" boss won't know about their "other" activities. My point is that you should ask questions about "facts" stated - not just on Notary sites - but in any advertising. If someone will try to fool you to "get your business" they might also try to "give you the business" in other ways...... Do you need a Notary or an Attorney? visit here
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Mobil Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
Brought to you by Kenneth A Edelstein All Purpose Certified New York Mobile Notary
How to tell if you should "pass" on a Notary Web site, and select a different one
There are many notary web sites to choose from. Some are better than others. Selecting a notary is not much different from selecting any other service. With the assumption that the notarization that you see is important and you want it done correctly the first time: Spend some time reading a few pages on the site; even look at some topics that you are not interested in. Look for inconsistencies; do they claim to be in business 5 years on one page and 7 on another?
Accreditations are commonly listed on many sites. The most valid accreditations are "clickable links" that go "off site" to the referenced site; ideally showing the notary's profile and history. Flat, non-clickable images are often just a copy and paste - without even obtaining permission for use, or any real membership involved. Look for Better Business Bureau or Chamber of Commerce membership. An accreditation from an organization you never heard of should be given little weight in your selection process.
A guarantee is important; it shows the notary is willing to stand by their work. My guarantee is 100% - I offer at http://kenneth-a-edelstein.com to redo or refund (at YOUR option) everything I do. Also look for outrageous claims that you know are absurd. Here, in New York City, anyone who claims to be able to respond to your location 24x7, in any of the 5 boroughs, in under half an hour is just boasting. Also look for useful information - does the site inform and assist - without you having to ask for information - or are they just eager to get your email address?
There are few "large" mobile notary services. Most are individuals. Some, however, try to appear to be a big business; I could never quite figure out why. Notarization is a one on one function; you don't need a call center, dispatchers, quality control officers, or executive offices. Unless you want to pay for their salaries. I am a professional notary, with the equipment, training and skill to notarize, obtain apostille or legalization and I also do fingerprinting. Everything I do is 100% guaranteed. I invite you to browse my web site http://kenneth-a-edelstein.com - I promise to not waste your time with boasts and endless self serving sales pitches - I also promise you will find well organized, well researched, and well written useful information related to notary services.
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Apostille - Much Cheaper than Airfare!
Mobil Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
Brought to you by Kenneth A Edelstein All Purpose Certified New York Mobile Notary ......
Apostille - Much Cheaper than Airfare!
You have a house in Naples, Italy; and you want to sell it. Many papers will need to be signed in front of an Italian notary. One way to process the transaction is to book a flight to Naples and remain there during the process; signing documents and bringing them to a local notary. There will probably be "some" delays. Your budget return flight will be missed as you wait for the legal process to grind along. Perhaps the buyer will be unavailable for a planned session. The "go there and do it yourself" option will most likely take much more time and expense than planned.
There is a better option. Hire an attorney based in Naples. Give your Italian attorney a limited Power of Attorney granting the right to sign your name on all documents necessary for the property transfer. Your attorney will need you to provide the Power of Attorney with the (usually) internationally recognized Apostille, attesting to your signature. I have processed many Apostilles for similar transactions; full details are at my web site: http://kenneth-a-edelstein.com - in the menu item Apostille Processing.
You obtain, from your Italian attorney the locally approved, in this case Naples; Power of Attorney form; it can be emailed to you; and forwarded to me for printing on legal size paper if necessary. You sign it in my presence, and I obtain the Apostille; which is added to the document. The document now has the legal status as if you flew to Naples and signed the Power of Attorney in Italy.
Thus the Apostille bearing document has the status of having a notarization that has near worldwide acceptance. I say "near" because there are a few countries that do not honor the Apostille - but the vast majority of nations do.
There is no need to fly to Naples to give your attorney a locally acceptable Power of Attorney. My Mobile Notary service will print as many copies as required (be sure to inquire how many your processing will require,) bring them to your home or office; and notarize your signature for each copy. After that, I will go thru the processing steps to obtain the Apostille, usually the next day after you sign for each required copy. Note that a Xerox copy of a notarized document is not itself a notarized document. Not only will the copy lack a raised seal; it also lacks your original signature. It is impossible to obtain an Apostille for a Xerox copy - each must have an original signature and notarization.
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Mobil Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
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The Consumers Survival Guide
Selecting a Fingerprinting Service
The two basic techniques of taking fingerprints.
- Traditional Ink and Paper - This is by far the most common and acceptable method for taking fingerprints. Accepted almost everywhere, this method has been the standard for decades. Print quality determined by the skill of the technician. Requires ink on fingers, but modern wipes remove all traces of the ink. Instant results, completed card can be shipped immediately.
- Live Scan - A new technology with very limited acceptance. Tremendous "start up" costs. The machine cost about ten thousand dollars and leases for over six hundred a month, with the costs passed on to clients. A Mobile Scanning machine does not produce "hardcopy" fingerprint card, but, on request, card can be printed and delivered, at additional cost, at a later date. If they have a printer.
How to check out a Fingerprinting Service
- Referrals are a start, but it's safe to assume you will only be referred to positive references.
- A guarantee should allow for you to choose: money back or redo - sometimes you might not want the same "reject" source to try again - insist on a money back option if prints are rejected.
- Is the business a Member in Good Standing of Better Business Bureau? Chamber of Commerce?
- Does the company publish a name, address and contact number for the "top man?" Do they name the technical staff? If not, ask why not. Ask if they will respond to an emergency after hours.
- Do they limit you to "office hours" at their distant location, or will they go to your location anytime?
- Don't be impressed by a company location or equipment - fingerprinting success (ink or scan) depends on the skill of the technician. You should interview the technician and use your instincts.
My thoughts on Live Scan Fingerprinting Technology
I investigated the current "Guardian" as well as the older and somewhat obsolete "ID-500" (it cannot do "flat four" rapid scanning and relies heavily on the skill of the operator to roll the fingers - exactly the same as ink and paper). I determined they are best suited to a single location, sending always to the same place. The problem is that the scanning machines are limited to sending to a single destination. For example, if I purchased a "Guardian" and registered it for FINRA (brokerage use); I could not use it to send to anywhere else. But, if I carry along a computer, than the scanner could be reconfigured to send to a different location. However, the manufacturer told me that a separate PC is really required for each location that prints will be sent to! To make things worse, only FBI certified printers are allowed to print standard cards from the scanned images. Thus, to provide the same flexibility I now have with card and ink, I would need a scanner, several laptops, and a FBI approved printer. Way too much complexity for me. And, I might add in passing that I am truly a computer expert, having done PC support since the Apple was first introduced! It does make sense for XYZ Brokerage to have it to register brokers with FINRA - the brokerage clearinghouse - one machine - one target destination is when the "Live Scan" solution seems most practical.
For general purpose work, Immigration, Clearances, Licensing, Adoptions, etc - Ink, card, and a skilled technician seems the most practical approach for the time being. That will probably change, but not anytime soon. I don't use a "black box", you can see the quality of my fingerprinting with your own eyes, No network delays, no software "glitches", no super high tech prices - just what you need to submit - instantly. More on the subject at http://kenneth-a-edelstein.com
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Phony Apostille Services - How to Spot Them
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Phony Apostille Services - How to Spot Them
Sometimes an Apostille can be issued without your signature. One example is a Birth Certificate issued by the City of New York. If you need your New York City Birth Certificate used overseas, chances are that an Apostille affixed to it will be required. As the City is the issuer of the document; it's their "signature" that applies, not yours. Therefore, you do not sign anything - the Birth Certificate - with letter of exemplification, forms the basis of receiving the Apostille.
Except for the above example, and similar governmental issued documents, your signature is the basis for the Apostille. Your signature will require notarization, and that notarization must be perfect. All notarizations require personal presence with the notary. That is the flaw in Apostille by Mail services. They issue the notarization of your signed document without actually checking your identification and meeting with you. Such activity is, of course, illegal. If the notarization is illegal, the Apostille issued for that notarization is also void; the same as the fraudulent notarization.
An Apostille is the additional verification of the notarization, which is verification of the original signature. As in any field of endeavor, there are those willing to "take shortcuts." They collect their fee and issue what looks genuine; but has been obtained thru fraud. As an Apostille is almost always used for an important document; would you want to risk your document being nullified when the fraud is discovered?
There is no legal notarization of your signature via mail, email, phone or Fax. Personal appearance with the notary, checking of ID, and administering the notary oath is always required to legally notarize your signature. At http://kenneth-a-edelstein.com I cover this in greater detail. Your Apostille bearing document is probably very important to you; do not allow an unscrupulous service to involve you in fraudulent activities.
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Do you need notarization, apostille or legalization?
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Do you need notarization, apostille or legalization?
I am often asked if a document needs to be notarized; an apostille affixed or should be Embassy/Consulate legalized. Not being an attorney, I can not give legal advice. But, I can say the answer is: it depends on the requirements of the person or organization receiving the document. They have their requirements - it is those requirements that determine what processing the document must receive.
It is rare for documents originating in the US and to be used in the US to require an apostille or legalization. Those processes are generally for documents that originate in the US and are destined to be used in a different country. But, ever there; there are exceptions to the general rule. I have had cases where a locally used document required an apostille on the chance that it might be used in evidence in a foreign court!
In New York State even the notarization procedure has an option. After the notary affixes their seal and stamp; an additional step, authentication of the notary signature can be requested. Usually this additional step is part of the apostille or legalization procedure. However, I have often been requested to provide authenticated notarizations for documents to be used in court. It's a "best practice" for the notary to always emboss documents when they affix their rubber stamp seal. The embossing is proof positive that the document is the original.
I have placed checklists and tips regarding the above, and much more on my web site: http://kenneth-a-edelstein.com and I invite you to brows the research that I have posted. I often use the Beauty is in the Eye of the Beholder phrase to explain that, while I can provide a variety of service; I cannot specify what service is required. Case in point: marriage license. I have notarized, obtained notary authentication, obtained an apostille; and added legalization to the apostille - for a marriage license destined for use in China. For other clients, just notarizing a copy of the marriage license is what they need.
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Should your Notary use a LOOSE Acknowledgement?
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Should your Notary use a LOOSE Acknowledgement?
Most forms I notarize have a notary section with the standard notary wording in place. Some, however, are missing the required notarial wording. New York State, for example, requires the location where the notarization was performed, the date, a statement by the notary, etc. The most common notary statement is "This instrument was acknowledged before me by." If the requisite wording is missing it is the responsibility of the notary to add it to the document.
There are two primary ways for the notary to add the wording. The most common is to staple a form, the loose acknowledgement directly to the document. However, if the document is to be sent via FAX the stapled addition presents a problem. An alternative is to have the notary either write the wording directly on the document (sloppy), or use an acknowledgement stamp that contains the proper wording. The stamp is much neater, gives a more presentable appearance and does not rely on notary memory for completeness. Not every notary carries this often needed stamp. If your documents do not have notary wording and there is a possibility they will be faxed, be sure your notary has this essential tool.
The worst option is for the notary to ignore the requisite wording and merely rubber stamp the notary seal, and sign below it. That is very poor notary practice and really not a valid notarization. The use of the loose acknowledgement stamp is generally preferred - if there is room at the bottom of the page for both the wording stamp and the notary stamp. Experienced notaries usually carry two notary stamps - same content - but different sizes to fit the available space. A really good notary will have two embossers for the same reason.
It is important that you check the work of the notary to be sure all the requirements for notarization are on your signed document. The Venue (State of.... County of....), your name neatly printed, the notary statement, and the notary signature. The signature of the notary must exactly match the notary name as on the notary rubber stamp. I have additional tips and suggestions regarding notarizations on my site: http://kenneth-a-edelstein.com - check the About Me and Notary at Your Location pages for additional information. An improperly executed notarization is worse than none at all. At a glance it looks good, but to the trained eye (after a bit of reading on my site), the omissions are obvious. More links and update's from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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Mobil Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
CLOSE Your Loan Package in the comfort of your own home. Brought to you by Kenneth A Edelstein All Purpose Certified New York Mobile Notary
Many states, including New York, permit Loan Packages (initial purchase, refi, reverse mortgages, etc.) to be processed at your home or office. You do not need to go to the bank or title company office. This becomes very convenient when both husband and wife will be signing. A specially trained notary called a Signing Agent can be dispatched to meet with you at a location and time of your choosing. The Signing Agent will bring two complete sets of printed documents. One will be signed and notarized at your location; the other will be a copy for your records. The Signing Agent will guide you, step by step, thru the signing; notarize and ship the documents. The Signing Agent fee is normally considered a Title Company expense; you don't pay extra for this service.
The procedure is often called a closing, however it is only the first step in the closing process. But, it is a vital step and must be completed perfectly. A single flaw, missing signature, or botched notarization can put the entire process on hold - until the error has been corrected. I have a published article on my site, http://kenneth-a-edelstein.com with a very complete discussion of this process. An important aspect is the Right of Recession, most commonly known as the Right to Cancel. It allows three business days to review the borrower copy, resolve issues; and if necessary cancel the transaction.
The Right of Recession only applies if the collateral for the mortgage is a primary residence. In other words, if the property is a second home - there is no Right to Cancel. One suggestion: as an alternative to having the Signing Agent bring the documents to your home; you can request the entire Loan Package be sent directly to you. This will give you plenty of time to review the complete package with your Loan Officer - prior to the arrival of the Notary Signing Agent. This is especially important if you will not be receiving a Right of Recession.
Another tip: After the Signing Agent has departed; number your copy of the loan package (it's not the legal copy, so feel free to write on it). Typically, the package is about 100 pages. Next, with a pad of paper alongside - go thru your package page by page. When you have a question; for example the Escrow Amount on page 34 - circle the item in question directly on page 34 of the Loan Package. Next, on your pad of paper write the number 34 and the issue: Escrow amount too low. Proceed thru the entire document, noting all issues and questions. When you are done, the pad will be a directory to issues in the Loan Package, with page numbers and reference to the issue. The Loan Documents will have the appropriate area circled. Then, in an organized manner, you can contact your loan officer to resolve all issues in one phone call. More links and update's from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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Free Legal Advice - Do you need a Notary or an Attorney?
I often get calls asking me to assist in the "preparation" of legal documents. "Just tell me what it needs to say," is the most common request. Being a New York State notary; I am bound by the NY Notary Laws. An excerpt follows: May not give advice on the law. The notary may not draw any kind of legal papers, such as wills, deeds, bills of sale, mortgages, chattel mortgages, contracts, leases, offers, options, incorporation papers, releases, mechanics liens, power of attorney, complaints and all legal pleadings, papers in summary proceedings to evict a tenant, or in bankruptcy, affidavits, or any papers which our courts have said are legal documents or papers.
The real function of the Notary is to verify the identification of persons signing legal documents under oath. In New York State, and most other jurisdictions; notaries are forbidden to create documents or give legal advice. Being a notary and knowing my state's Notary Law; allows me to perform the notarization process. I can make certain that the notarization meets all legal requirements.
For example: it is recommended that the embosser always be used for documents destined for processing outside of NY State. As a matter of procedure I emboss all notarizations routinely.It's a real temptation to help my clients draft what appears to be a simple document. But I must decline, no matter how "trivial."
Lawyers have the license and skills for legal document preparation, not notaries. The same applies to "legal advice." "Should I sign this," is another common question that I am forbidden to answer. However, there are some questions that a skilled notary can answer. "Where in this set of mortgage documents can I find the interest rate?" As a Certified Signing Agent, http://kenneth-a-edelstein.com is able to assist borrowers in finding key aspects within their loan documents. It's truly a fine line between that permitted assistance and "explaining the documents."
Often, when I decline to give a "legal opinion," my client tells me that the request is too trivial to warrant the expense of hiring an attorney. Free legal advice is easily obtainable. The source I usually suggest is the local political office. Assembly leaders,
Congressional representatives, and other elected officials frequently maintain neighborhood offices. These tend to be staffed by recent law school graduates, or beginning attorneys; who are authorized to give legal advice and assist in the creation of documents. More links and update's from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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How to be the world's WORST Notary / Signing Agent
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How to be the world's WORST Notary / Signing Agent
Never write things down - rely on your good memory. Book EVERY call that you get and go to the one that pays the most. Use the same stamp for life - after you cut off the "99" from the date then cut off the "19" and just write in the 2000 year. Never clean your stamp. Dress shabby - looking poor might get you a tip. Arrive late - they will appreciate you more when you finally show. Ignore all rules - backdate, fax notarizations, loan out your stamp and seal when you are on vacation - for a commission of course. Curse out the loan officer when the docs are late or over 50 pages. Shrink all e-docs to cheaper letter paper - legal paper costs too much anyway. Ship completed signings only on Saturday - it's easier to find parking.
Bait and Switch all "signing companies" demanding double the agreed fee - save this demand till an hour before scheduled time. Eat lots of beans and garlic - borrowers sign quickly in a flatulent environment. Charge extra for using your embosser - after all it's extra work. Never renew your commission - just update the stamp. Never check ID - nobody really gives a hoot who signed it as long as it's not blank. Retain the signature page of the mortgage till the title company pays you. If your check doesn't arrive promptly, sue the borrower - after all it's their signatures you notarized. Pirate other notaries web sites - imitation is the sincerest form of flattery. Send phony invoices to lots of Title Companies and signing agencies - collect what they did not pay other notaries.
You're entitled to give opinions about the interest rate and any aspect of the loan - be colorful in your comments.
Bring your lunch to the job - it shows you have good time management skills. Have the affiant sign in day glow green ink - legal docs need a bit of color. Always tell the borrower what you think they want to hear - promise anything to get them to sign quicker.
Put your stamp in the MIDDLE of the page - show them who's important. Never give the borrower a copy - most can't or won't read it anyway - and paper is expensive. Make a copy of the return FedEx/UPS airbill and use it to send your invoice if not paid in one week. When the borrower's apartment/home is a DUMP - it's OK to tell them so. You must tell all clients that you expect tips - otherwise how are they to know. This tongue in cheek humor from http://kenneth-a-edelstein.com
Park on the borrower's lawn so you won't be blocked in on their driveway. Any room without a No Smoking sign is your invitation to light up. If the borrower forgot to make a copy of their drivers' license just slip the original into the package when they are not looking. Make any changes to the documents that will get the borrower to sign - after all you are a public official with authority. A few drinks can help steady your hand. Off color, sexist and racist jokes show self confidence and professional ability. Never read signing instructions - who are they to boss you around? Keep phone charges down by calling the borrower collect. Learn to shortchange - clients usually have their mind on the documents. Never go alone - bring friends to help create a festive environment. Answer all "legal" questions with your best guess - it makes you appear very wise and lets you bill the borrower directly for your legal opinions. More links and update's from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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Mobil Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
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Sometimes you don't have to Sign the Document before the Notary.
While it's generally a good rule to not sign a document to be notarized until the notary is present; sometimes you can! It all depends on what the notary, (not you) will be saying. At the end of your document there is a "notary section" - it generally starts with "State of: and County of:. In the notary's statement (which is signed by the notary); most commonly are one of two key phrases. It is these phrases that determine if you can lawfully sign the document prior to the notarys arrival.
The first format "sworn to and subscribed before me"; has the keyword "subscribed" - this requires the notary to actually witness the signing process. No exceptions. All notarizations are "sworn to" - as a good notary will give the "oath" as part of the notarization process. But "subscribed" allows no leeway. You must wait for the notary to be present to witness your signature. What if you already signed? Most commonly the notary will simply ask you to sign again near the first signature. Some will request you to draw a single line thru the prior signature and initial the end of the line; a legal erasure.
However, if it says "this instrument was acknowledged before me" than the notary is only required to ask you if you did indeed sign the document! When you say "yes" you are acknowledging that you did do the relevant signature. Some notaries are not comfortable with this process, but it is "the letter of the law". I cover this and many other aspects and details about notarizations on my site: http://kenneth-a-edelstein.com and I invite you to use it as a resource for many notary related functions.
In either case above, as in any notarization; there is always the requirement for "face to face" contact with the notary. It is always illegal to notarize by Fax or phone. The notary always has the responsibility of checking your ID prior to completing the notarization. I often hear that the procedure is "difficult" - due to the ID checking and the face to face contact requirement. Please understand that the procedures are designed to protect you from someone impersonating you. Notaries must check your ID in person to verify your identity. Most times a government issued photo ID is required; a social security card does not have a picture and will rarely be accepted unless other identification is presented. More links. and update's from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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Exposed: Notarization does NOT make your document valid !
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"It's notarized, so it must be valid", is a common misconception about notarizations. What must be understood is the distinction between the content of a document and the signature on the document. Notarization verifies the identity of the affiant, the one who is stating that the document is true. What notarization does not do is make the content true, valid or reliable. A false notarized document is just that: a false notarized document.
It is not the function of the notary to read the document - at all. The responsibility of the notary is to check the identification of the person making the statement. The only part of the document that is "validated" by the notary is the signature! While it is poor notary practice to notarize a document known to be false, the notary has no requirement to read the entire document. For example: If, in the middle of a lengthy affidavit, the affiant includes the statement "I had dinner with Elvis on April 1st, 2008" - the notary would probably not notice the false claim. The document would be routinely notarized. The notarization certainly does not make the statement credible!
While notarization does not make a false statement valid, it does subject the affiant to criminal penalties. When you knowingly sign a false statement, and have it notarized, the crime is perjury, not something to take lightly. False statements on notarized documents are legally the same as false statements made in court under oath. This concept is further explored and other aspects of notarizations on my site: http://kenneth-a-edelstein.com. It is vital to understand that notarization addresses the validity of the signature only. Even then, a clever forgery can fool a notary, it's not often the situation; but certainly possible. More links and update's from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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Beware of Junk Notarizations brought to you by Kenneth A Edelstein All Purpose Certified New York Mobile Notary
Often it is a legal requirement for a document to be notarized. Without the notarization the document may be unacceptable, as when a Mortgage needs to be recorded with the county clerk's office. A flawed notarization is the same as no notarization at all. The county officials are very familiar with the legal requirements for a notarization and will reject on sight a flawed document. If the mortgage, for example, can't be recorded; the entire transaction is in peril
The most common "Junk Notarization" is when the notary only stamps and signs the document. This is not a legal notarization. Notaries are required to "make a statement", eg: "sworn to before me on mm/dd/yy by "affiant name"". Also the "venue" or where the notarization took place is required. That is the reason the "State of New York" and "County of Richmond", for example; appears at the start of a notarization. The notary is also required to give the affiant an oath, asking if the document is truthful and if they signed, and understood the document.
Sometimes a "Junk Notarization" can be fixed by returning it to the Notary of Record who did the initial notarization and have them add the missing components. Other times, the document must be re-signed. My web site has tips and checklists on how to avoid a "Junk Notarization". Visit http://kenneth-a-edelstein.com for details. Specific information is in the "About Me" and "Notary at Your Location" pages. An improperly notarized document might be discovered immediately, or years later. Whenever it is - you can be sure it will be a source of grief and expense that can be easily avoided by learning the basics of what a notary should do. More Links Update from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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