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Category: Notary News and Advice

New North Carolina Take Effect in July

North Carolina passed two bills addressing notaries that started on July 1st, 2024. A large part of them address the temporary rules passed during COVID, making them permanent. Or making small changes that will now be permanent.

Several of the pieces of the law actually kicked in a few months ago, but we will not address that.

*We would like to remind you we are not attorneys. If you need to understand the minutiae, please talk to a lawyer. *

Modifications to the Notary Public Act

The first bill is Senate Bill 552, called the “Modifications to the Notary Public Act”. This bill introduced a slew of minor changes, as well as a couple of new ones.

The biggest one addresses electronic notaries who are not lawyers and who are not located in North Carolina. They are now prohibited from rendering services are advice that can be construed as “the practice of law”.

Many things have been passed to the Secretary of State to implement processes and procedures. For example, the legislature wants on online portal for notaries, which does not exist at this moment.

A vendor may no longer sell notary stamps to anyone who can not provide a notary commission, as well as personal identification. As for online orders, the Secretary of State is tasked with crafting and instituting new rules.

The law addresses notary change of address, name and resignation. This will most likely be addressed by a website when one is built, but makes some minor changes in the processes to do so.

The bill sets forth maximum amounts allowed by law for a notary to stamp certain documents.

Besides that, among other things, are small changes to definitions and wording of the previous bill.

Adoption Law/ Notary Changes/ Guardianship Rights

As the name implies, this bill is not just about notaries.

The biggest change here is that electronic notaries must use an electronic journal.

Most of the bill addresses adoption and guardianship, so the bulk of the changes are there. There is only a small part that addresses notaries.

Sunshine Signing Service

Your Nationwide Notary Signing Service

Increase your efficiency and bottom line with Sunshine’s Mobile Notary Services and Online Notary Services. Sunshine is always there when you need us.

Or Call us at (727) 817-0000

Outdated Practices Face Michigan Notaries

One third on deed rejections in Michigan are notary related. This is not the notaries’ fault, but the fault of the laws governing notaries in the state.

Provenance

Did you know there are ten David Smith’s who are notaries in Michigan? And on official documents, it can be hard to tell which David Smith notarized the document. The truth is, it opens up the possibility of fraud in the state.

The state’s legal problem are so bad they have an effect on all Michiganders. The notary stamp is not required by state law. By that we mean wet signatures. They don’t even require notaries’ to keep a journal or use an embosser.

There is not numbered identification symbols for notaries. This can make figuring out which David Smith notarized a document a chore.

Notaries

There are 113,000 notaries in the state of Michigan. Confusion surrounds them. The lack of identifying numbers is a big problem. Michigan courts invalidate too many notarizatons because of it.

Notaries don’t have commission numbers.

If your documents are ever called into question, it can end up in chaos. It would be another layer of fraud protection that is not there. And they can come back to bite you years later.

Training

Nowhere in Michigan law does it require notaries are trained.

No requirement to be trained.

It leads to too many poorly notarized documents that experienced notaries tend not to make. (We know a lot of you are pretty much error free, but everyone misses something on occasion.)

Conclusion

It is home selling season and there is no reason to be completely sure your document may have the right provenance.

It is time to change Michigan notary law.

How does the public have faith in a system like this?

Illinois Passes Remote Online Notarization

Illinois became the 47th state to legalize Remote Online Notarization last week.

They unveiled their new e-notary system, which allows residents to notarize documents remotely.

You could still previously use RON to sign documents, but there were too many pitfalls. Everyone had to be within the state, and it still required a wet signature from the notary. The new rules require the notary to be in Illinois, but the signers can be anywhere.

“In keeping with our ongoing effort to modernize the Secretary of State’s office, E-Notary serves as a game-changer for Illinoisians by now providing a convenient way to notarize documents without leaving their home or office,” Alexi Giannoulias said. “Enabling commissioned notaries to work virtually makes the process faster and more secure for individuals and businesses alike.”

Illinois Flag

As of now, there are just about 250 notaries approved to be e-notaries in the state, though that number is probably going to explode as we move forward.

The E-Notary system facilitates electronic signatures from both the customer and notary, along with electronically attaching the notarial certificate and seal to the document.

Following the Illinois General Assembly’s 2021 legislation authorizing electronic notarization, Secretary of State Giannoulias prioritized its implementation.

This involved securing state approval for administrative rules, developing an E-Notary application, vetting technology providers, and training staff for processing applications.

WREX

Notaries may charge up to $25 for an e-notarization.

Sunshine Signing Service

Your Nationwide Notary Signing Service

Increase your efficiency and bottom line with Sunshine’s Mobile Notary Services and Online Notary Services. Sunshine is always there when you need us.

Or Call us at (727) 817-0000

Mister Goblin – “The Notary”

Another day, another win for notaries in pop culture. You may remember Notary Publix, the shorts from 2015 were the last time we told you about notaries in pop culture. That time a streaming series of shorts featuring former Saturday Night Live actress Kate McKinnon.

Well, welcome to the music world. In April, Mister Goblin has a new album coming out called Frog Poems. And part of that is a track called “The Notary”, which was released on Youtube a few days ago.

The song talks about how the singer wants to become a notary so the singer can have some practical use in life.

“The idea for this one came up during pandemic lockdown when I was brainstorming excuses I could make to get out and see people without violating the social contract,” Sam Goblin said of ‘The Notary’ in a statement. “One of the ideas being that I could become a notary and stamp shit for my friends. Never did get around to it, but I did write this song. Joe (the other guitarist on the record) had to sell me a little bit on the shoegaze-y whammy bar part he wrote, but I’m so glad he did because now I think it really makes the song.”

ourculture

Check it out below.

“The Notary” by Mister Goblin

2024 Update to Florida Witness Requirements

Attention Notary Professionals

Witness requirements in Florida for real estate documents are changing in January 2024. It is important to take care in fulfilling these new obligations so your documents are done correctly.

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Choosing the Right Title Company: Tips for Home Buyers

For Prospective Home Buyers

One thing a lot of home buyers don’t think about it the title company they will use to close the transaction. People are rightfully honed in on choosing their new home, but forget about chain of titile and how important it is in the home buying process.

Selecting a trustworthy title company is a crucial step in the home buying process. Here are some guidelines to help home buyers choose the right title company:

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High Real Estate Prices and the Impact on Notary Work: Challenges and Adaptations

The real estate market is currently experiencing a period of remarkable growth and high real estate prices, with property prices soaring in many regions. While this trend can bring financial gains to homeowners and investors, it also has far-reaching effects on various sectors of the economy.

Notary work, which plays a crucial role in mortgage and real estate transactions, is no exception. The surge in real estate prices presents both challenges and opportunities for notaries as they navigate the evolving landscape.

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Mortgage Rates Continue to Climb

Would be buyers took another hit this week as mortgage rates continue to climb. Under normal circumstances, housing prices would fall, but low inventory continues to raise prices, as demand is exceeding supply.

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