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 What can notaries do to protect clients?
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middleVT

Afghanistan
38 Posts

Posted - 11/25/2013 :  08:06:37 AM  Show Profile  Reply with Quote
I'd agree with the comment about being careful with loose certificates. I had a case within the last week where a loose certificate accidentally became separated from the pile of documents, but because it described the document it went with and had an overlapping embossment, the title folks were able to put it back where it belonged. This protected the client by avoiding a delay in their transaction, but on another occasion, it could have protected them from worse problems.

Another thing to keep in mind is the notary might wear other hats. For example, if I believed an elderly person were being defrauded, as an emergency medical technician, I would be obliged to report the abuse to Vermont Adult Protective Services and my local police department. I also volunteer with the Red Cross. So far I have not had occasion to do any notarizations for any Red Cross clients, but it is my duty to advocate for those clients, so it would be proper for me to give them advise about how to proceed after a disaster. If they were thinking of doing something that involved an notarization and I thought it was a bad idea, I'd be free to say so.
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edelske

New York
815 Posts

Posted - 11/24/2013 :  07:51:48 AM  Show Profile  Visit edelske's Homepage  Reply with Quote
quote:
Originally posted by LindaH

This would apply more to general notary work, and there's not really very much the notary CAN do - being unable to give legal advice, it is not our place to tell people that what they're doing is wrong, bad, a poor decision, etc etc - in these cases the most we can do is refuse to notarize - just make sure that your refusal has a basis in your notary law

There are times you just can't protect people from themselves.

Linda
http://www.columbiacountynotary.webs.com
http://www.notary.net/websites/LindaHubbell



Bullseye Linda,

Our main responsibility is verification of ID, it's way "out of line" to comment "I would not sign that if I were you". I might raise an eyebrow if I notice a 45% APR, but it's none of my business.

But trying to answer the original question:

We can be careful with "loose acks" by "overstamping" (half on the document / half on the ack) so acks can't be moved. We can also return those "extra" notary forms unprocessed. And, make sure to somehow tie each notarization to a specific signature on a specific document.


Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com
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LindaH

Florida
1754 Posts

Posted - 11/24/2013 :  06:10:16 AM  Show Profile  Reply with Quote
This would apply more to general notary work, and there's not really very much the notary CAN do - being unable to give legal advice, it is not our place to tell people that what they're doing is wrong, bad, a poor decision, etc etc - in these cases the most we can do is refuse to notarize - just make sure that your refusal has a basis in your notary law

There are times you just can't protect people from themselves.

Linda
http://www.columbiacountynotary.webs.com
http://www.notary.net/websites/LindaHubbell
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jbelmont

California
3106 Posts

Posted - 11/24/2013 :  02:39:30 AM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
What can notaries do to protect their clients from fraud or other complications involved with notarizations, and the aftermath of notarizations. There are so many scenarios you could discuss on this one!

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