Fast Notaries, LLC

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09/04/2012

Courts Invalidate Mechanics Liens Executed With Acknowledgments vs. Jurats

Just about everywhere you look notarized documents are being challenged. Most recently, courts in two states invalidated mechanics liens against commercial properties because they were improperly notarized using an acknowledgment instead of a jurat, which requires the signer to give an oath or affirmation attesting to the truthfulness of the document.

The Rhode Island Supreme Court recently invalidated a mechanics lien because it was required by state law to be executed “under oath” via a jurat but, instead, the notarization performed was an acknowledgment. The lien was signed and notarized across state borders in Pennsylvania. It was not clear how, or why the incorrect notarial act was performed, which resulted in the document being deemed untrustworthy. In a similar case in Connecticut, the court there also invalidated a mechanics lien because the “notarization amounted to an acknowledgment, not an oath.”

Notarizations are essential for mechanics lien statements across the United States, according to Scott Wolfe, founder of Zlien, a nationwide mechanics lien and preliminary notice filing service. In some states, a signature on the lien is an afterthought, but in other states, the signature requires notarization under specific instructions, often requiring an oath. Whether a mechanics lien does or does not need notarization differs from state to state, and situation to situation, Wolfe said.

Notaries are not attorneys and cannot prescribe specific notarial acts to signers, but they can describe the purpose and function of the different types. The signer can then choose the type of notarization they want, or they can check with the receiving agency or party to verify the type of notarization required.

09/03/2012

So much has been made of identity theft commensurate with the expanding need for signatures on things like school documents, bank authorizations, wills, trusts, mortgages, refinancing, foreclosures, citizenship papers, passports ...and the list goes on and on. You need a notary. And we are here to help you at your convenience ; at your home or office and after hours and weekends if that is best for you. Call 24/7 at 888-957-1957 or 703-574-3003.

Address

13223 Lazy Glen Ln
Oak Hill, VA
20171

Opening Hours

Monday 09:00 - 23:00
Tuesday 09:00 - 23:00
Wednesday 09:00 - 23:00
Thursday 09:00 - 23:00
Friday 09:00 - 23:00
Saturday 09:00 - 23:00
Sunday 09:00 - 23:00

Telephone

(571) 933-3092

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I just obtained a certification as a Signing Agent for Reverse Mortgage closings. A reverse mortgage is a mortgage loan, usually secured by a residential property, that enables the borrower to access the unencumbered value of the property. The loans are typically promoted to older homeowners and typically do not require monthly mortgage payments. Borrowers are still responsible for property taxes and homeowner's insurance. Reverse mortgages allow elders to access the home equity they have built up in their homes now, and defer payment of the loan until they die, sell, or move out of the home.
IRS Allows Remote Notarization of Participant Elections for 2020
Promo for our new Virtual Notary service
Using E-Signatures and Remote Notarization—What You Should Know
Using E-Signatures and Remote Notarization
Need something notarized without leaving your home or office. Schedule a time for us to link online for digital signatures here:
Here’s a step-by-step description of a typical Remote online notary process. (The following is a general description of remote online notarization. Please note that RON procedures may vary depending on state laws, and not all states permit Notaries to perform remote online notarizations. Also, some states have passed temporary remote notarization measures due to the COVID-19 emergency that differs significantly from the process described below.) The signer contacts the Notary or a RON service provider to request a remote online notarization. The signer’s document is sent to the Notary so it can be signed and notarized. Typically, the document is uploaded in an electronic format such as PDF to the online technology platform used to perform the notarization. The signer’s identity is screened according to the requirements of the Notary’s commissioning state. This may include answering questions based on the signer’s personal and credit history (KBA), verifying the signer’s identification documents online (credential analysis), the Notary remotely viewing the signer’s ID during the notarization, or other RON identification methods set by statute. During the remote online notarization, the Notary and the signer communicate online using audiovisual technology — for example, via webcam. The Notary and signer do not meet face to face. Once the signer’s identity has been verified and all other requirements for the notarization have been completed, both the signer and the Notary must sign the document and the Notary’s seal attached. For electronic documents, this requires electronic signatures and an electronic version of the Notary’s seal. The Notary records any required information for the Notary’s journal records. The Notary must typically also retain an audio and video recording of the notarization session. The remotely notarized document is returned online to the signer.
Remote Online Notarization approved for use in Virginia
Notary Bulletin U.S. Treasury Secretary: Signing Agents Are Part Of ‘Essential Services’ During COVID-19 Emergency By David Thun on March 24, 2020 U.S. Secretary of the Treasury Steven Mnuchin issued a statement this week clarifying that all workers — including Signing Agents and mobile Notaries — who provide services in the nation’s financial and other essential critical infrastructure may continue to perform their duties. At the same time, Notaries must still follow all guidelines issued by federal, state and local authorities to protect public health, maintain appropriate safety precautions and should not accept assignments if there is risk of spreading the COVID-19 coronavirus. The federal guidance was welcome news for Signing Agents during the critical end-of-the-month period when most mortgage loans are closed and signing agents are in high demand. In his letter dated March 22, Secretary Mnuchin clarified that workers in critical sectors of the financial industry — including workers and key third-party service providers for “settlement services,” such as Notary Signing Agents — should be allowed to continue normal operations and work schedules. “These individuals are critical to maintaining safe and efficient financial services and ensuring citizens have access to these services that are necessary to conduct their daily lives,” Mnuchin wrote. “If you work in a critical infrastructure sector, as defined by the Department of Homeland Security, you have a special responsibility to maintain your normal work schedule.” However, he added, essential workers must also comply with guidelines issued by organizations such as the Center for Disease Control, state and local officials to protect public health. Notary Signing Agents should check official sources and their contracting parties to stay informed about any guidelines in place in their area, and only accept assignments that comply with these official health safety instructions. When on assignment, Signing Agents should continue to follow recommended COVID-19 health and safety precautions.
Equal Credit Opportunity Act of 1974 The law that made it illegal for banks to say women needed mens' signatures to get credit cards. Yup. You read that right. Banks could choose to deny women credit cards if they didn't have a man to co-sign. As recently as the 1970s. Happy Women's History Month. Luckily, times change.
COVID-19: Fast Notaries Policy, Procedures, and Prevention As COVID-19 (the coronavirus) begins to spread throughout the United States, we wanted to take a moment to share best practice recommendations to minimize our exposure and to prevent the spread of this virus. At this time, Fast Notaries is not changing any of our policies or procedures but we are closely monitoring the situation. Tips for preventing the spread of this virus include: Avoid shaking hands when introducing yourself. Explain that the industry has adopted a policy to avoid shaking hands for the time being due to the COVID-19 outbreak. If we do shake hands, we carry hand sanitizer to utilize after shaking hands. Perform routine environmental cleaning Carry disposable wipes that we can use to wipe down folders, pens, or other items that may change hands at the signing table as well as our car door handles Wash our hands upon the completion of the signing using our hand sanitizer Allow space between us and the signers It is acceptable to leave an empty chair between us and the signers as long as the signers can still review the documents with us.
As notaries, we are authorized in all 50 states to administer an oath or affirmation In foreign countries their notaries are legal professionals and can be called something else.