Plano Texas Notary

Traveling Outside Plano, North Richardson and North Dallas

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Posted by Roberta on August 12th, 2010

I do travel to places other than Plano, North Richardson and North Dallas but more often than not, the travel time is so much more costly it’s usually better to find someone closer to you. That being said, there are many reasons someone would rather pay the additional travel time and I am open to those trips.

Categories General Information

Signature By Mark

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Posted by Roberta on July 28th, 2010

A person who cannot sign his or her name because of illiteracy or a physical disability may instead use a mark – an “X” for example – as a signature, as long as there are witnesses to the making of the mark.

For a signature by mark to be notarized, there must be two disinterested witnesses to the making of the mark. Both witnesses should also sign the document, and one witness should write out the marker’s name beside the mark. These two witnesses should be in addition to the notary. It is recommended that a mark also be affixed in the Notary’s journal, and that the witnesses also sign the journal.

The “marker” must also be positively identified, as must any other signer including the witnesses.

As stated in a previous post, a person with a disability who is unable to hold or grip a pen can request that the notary sign for him/her.

Categories General Information

Signing A Document for an Individual with a Disability.

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Posted by Roberta on July 17th, 2010

The Texas Secretary of State provides the following instructions for signing a document for an individual with a disability:
A notary may sign the name of an individual who is physically unable to sign or make a mark on a document presented for notarization:

if directed to do so by the disabled individual; and
in the presence of a witness who has no legal or equitable interest in the transaction.

The notary must include the following beneath the signature for the individual:

“Signature affixed by notary in the presence of (name of witness), a disinterested witness, under section 406.0165, Government Code.”

This procedure may only be used with persons who are physically unable to sign. It may not be used with a person who cannot sign because of illiteracy or who prefers to have another sign as a matter of convenience. It may not be used with documents that do not need notarization.

Both the disabled signer and the witness must be identified by the Notary either through personal knowledge, a credible identifying witness personally known to the Notary, or through an authorized ID card.

A link to the Secretary of State is provided to the right. Check back soon for more information updates.

Categories General Information

Yes, A Notary Is A Notary

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Posted by Roberta on March 2nd, 2010

Yes, a notary is a notary, at least in Texas. Everyone has a different idea of what a notary is to them. I have a couple of thoughts on this.

If you are a commissioned notary you can perform whatever notarial acts are allowed by law in your state. You will find references to “notary signing agent,” “mobile notary,” etc. As long as you are a notary you can be a signing agent or a mobile notary.

Notary signing agent is a term used by real estate and title professionals to describe a notary who has had special training in executing previously prepared loan documents at a location other than the title office or other location occupied by the title company. This notary is usually also a mobile notary because the notary normally has to go to the signer’s location to execute the documents. Some states may require certification for a notary signing agent.

A notary may not have specific experience in processing loan packages but can do so just the same. If you follow the basic best practices for a notary, lack of experience shouldn’t matter. Read the document notarial certificates to determine the required execution method, identify the signer, determine that the signer is competent, get the proper signatures, be sure all of the blanks are filled in and follow the instructions to return the loan package to the appropriate party.

Agencies often prefer to work with a notary with experience in their specific field to ensure consistency and correctness because a person who has done a lot of them knows what to expect and is less likely to overlook something. But, a good notary will be able to do the same thing just by following normal notary procedures to ensure everything is in place.

A notary who chooses to go to the signer rather than have the signer come to the notary is considered a mobile notary. This is a convenience that comes at a price because not only will you have to pay for normal notary fees (allowed by your state) but you will also have other fees for travel etc. The notary should be able to tell you the fee specifics before you schedule an appointment.

Please also remember that the notary has not only the right but is obligated by law and in some instances, conscience to refuse any notarization that doesn’t appear to be on the up and up.

Categories General Information

Have a Good Notary Experience!

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Posted by Roberta on February 14th, 2010

I may seem to be repeating myself but the following information will help you have a good experience…..

Yes…the person signing the document(s) must be there and must sign in person in front of me. If your document is a sworn document, you will also have to take an oath before the notary.
ID – Proper ID is critical. You must have a valid government issued picture ID. Your social security card, library card or other such form is not sufficient.
There are other ways to properly identify a person but it is a more involved process.
The signer must be competent and not under duress. Competency will be determined at the time of signing based on the situation at the time of the signing.
The primary cost difference between you coming to me and me coming to you is the travel time and expense. The actual notary fees are the same either way but are in addition to time and travel cost

Categories General Information