Showing posts with label quit claim deed. Show all posts
Showing posts with label quit claim deed. Show all posts

Sunday, September 21, 2014

"To Whom Much Is Given, Much is Required" - Except for Alabama Notaries



As a rule, I try and keep religion and business separate. It was advice given to me years ago, and it's served me well so far.  Although the lines between religion and business are often blurred here in the Bible Belt, I tend to err on the side of caution and keep the two separate.  But today I feel a need to venture into grey matter and quote a familiar Bible text:  Luke 12:48, KJV.

"But he that knew not, and did commit things worthy of stripes,
shall be beaten with few stripes.
For unto whomsoever much is given, of him shall much be required:
and to whom men have committed much, of him they will ask the more".

In my family, when the elders quoted this text, it served as a reminder that a three-year old cousin might be excused for throwing a tempter tantrum in church, but don't let a thirteen year old try it.   This text served another purpose.  Those of us with talents like singing, playing an instrument, or having keen memorization abilities, were expected to use our "God-given-gifts" at church, school and in the community.  To do otherwise would be considered dishonorable, and, yes, a sin.

So what does this have to do with notaries?  Hear me out.

Being a Notary in any state brings with it a lot of responsibility. A notary's signature and stamp on a piece of paper carries a lot of weight.  Depending on where you live, it's required to adopt a child and give up a child. Going on vacation?  If both parents aren't traveling and trip is to take Little Bobby outside the U.S.?  You need a notary.  Selling a car or a house?  Notary.  Wills, Affidavits, Power of Attorney. Dial 1-800-Notary. Birth, Marriage and Death Certificates all require a notary's stamp. I'm serious. Take a look at yours. And the list goes on.

So, how does the notary learn the proper steps to follow when executing his/her duties?  Well, in Alabama that's left entirely up to the Notary.  Alabama doesn't require any training.  Nope.  None. Nada.  No kidding.  Some notary's look for training online or locally.  Others ask other notaries what to do.  And a few just wing it. I'm not making this up.

And how do Alabama Residents know for sure whether the notary they go to knows what he/she is doing? Most won't know until it's time to execute the form, and sometimes that's too late.  How do I know all of this?  Because not only am I an Alabama Notary, but I also need my signature notarized on documents from time to time.  I cringe when a Notary fails to place me under oath even though the form requires it.  More than once I've had to tell the notary what information should be printed by him/her on the blank lines of the notary certificate.  Talk about awkward. Why give a person's position so much authority and not require training is beyond me.

Christ is speaking in Luke 12:48 and He suggests mercy will be shown to the sinner who unknowingly errs.  I hope when a notary's mistake comes to light, the Alabama's judicial system will be equally merciful.

Two years ago, The Alabama Code - Notary Section was amended (SB54, enacted in January 2012 ). Among other things, it increased the notary fee from fifty cents to five dollars. A step in the right direction, right?  But, wait.  SB 54 also did away with the requirement to have notaries maintain a record/journal of documents they notarize, and the name of the person(s) signing the form.  One step forward and two steps back. SMH.

Apparently, the wheels of Alabama's justice system seem to be turning quite nicely despite the lack of notary training.  I have not heard of any major problems in the News.  Have you?  So maybe I'm making a big deal for no reason. But if other states see the need to require training, or at least provide notaries with an instructional handbook, why not Alabama?  I'm just saying.

To whom much is given, much is required?  Ummm...I don't know.  Maybe.  But when it comes to notaries, I guess it depends on which state you reside.


Wednesday, February 5, 2014

Notaries, Do You Know Where YOUR Stamp or Embosser Is?

It's been over twenty years since I heard the famous Public Service Announcement that aired on American televisions around 10 pm at night, "Do you know where your children are?"  It was was an attempt on the part of a New York news station to bring attention to youth violence and hold parents accountable for their kid's activities and whereabouts.  Did it make a difference? Perhaps.  It definitely made an impact and was frequently quoted.

Which is why I pose a similar question to Notaries Public.  "Do you know where your notary stamp or embosser is...right this minute?"  Is it in an unlocked desk drawer at work, unattended?  Is it in the glove compartment of you unlocked vehicle?  Did you leave it somewhere and you purchased a replacement?

People, including Notaries, underestimate the power of the notary stamp/embosser.  Once applied to signed documents, the stamp/embosser can change the legal ownership of property, authorize a person to have control over your bank accounts, permit an adult (other than a parent) to take a minor child out of the country.  The stamp/embosser is a force to reckon with.

Which is why it's so important for Notaries to secure their equipment each and everyday.  An honest and responsible Notary Public will do everything in his or her power to make it difficult for fraudsters to steal the notary's identity and/or notary tools.  Notaries:  Don't be careless.  Don't use poor judgement.

Today I learned about an investigation of a notary public and others in Kansas City, MO.  I hope authorities in that state investigate the allegations and get to the bottom of what really happened, and prosecute accordingly.  Here's a link to the new story, and an interesting video.  I hope the link works.  If not, try copying it (KSHB.com)

   http://www.kshb.com/dpp/news/local_news/investigations/investigation-of-apparent-real-estate-fraud-scheme-questions-if-notary-signatures-were-forged