Journaling Notarization Flashcards
What is the journal for?
To keep a record of each notary act and is a sequential order
Journal requirements
-have one journal at a time
- must be in a locked and secured area because this is a public record of information
-it must stay with YOU and no one elses place/lock - even if your employer paid for it
- might get a misdemeanor if none of the requirements are met
- no one can make copies of your journal
- after employment for a company, YOU have to take that journal with you regardless
What happens to your journals if you decided to stop being a notary or your license is expiring?
You must turn in all your journals to the county clerk’s office within 30 days of expiration
What if you ARE renewing your license but there is a lapse in commission greater than 30 days?
Still turn in your journals otherwise you can be charged with a misdemeanor
If you have had journals and didn’t know about the rule, you will possibly not get a misdemeanor because you were not willfully neglectibg this responsibility
What requires a thumbprint?
- deed
- quitclaim deed
- deed of trust
- real property
- power of attorney
if no thumbprint, $2500 fine
Components of a journal
Notary Fee
Date and Time
Notary Type (must write out the word)
Type of Document (character of instrument)
Signer’s Name and Address (not required in journal as it is optional), but in practice it’s best practice
Signer Identification
Signer’s signature
Additional Information - “Unable to speak and communicated directly w/ notes” as an example
Right Thumbprint - take note if there was struggle in getting thumbprint
Exceptions of thumbprint rule
deed of reconveyance
trustees deed (resulting from foreclosure)
Should you treat each transaction as a separate line.
Yes, Separate lines for every signature we are notarizing is important
Credible Witness & Journal
Under the “Name and address”, you write down the signer’s name and the credible witness name although not necessary.
Under signer identification, you write down the CW’s identification information, but the signer (not CW) SIGNS the journal.
Under “Optional Info”, you write down:
One Credible Witness, Their name in print, then the CW has to sign under the “Optional info”
Right thumbprint required by the signer NOT the CW.
Can anyone else make photocopies of your journal?
NO, Only you can, but if someone insists within your office, you can supervise the photocopy
Photocopy of Journal
Anyone can request a copy of your journal because it is a public record.
Written request required (email suffices). Must have:
1. name of document
2. name of signers
3. month and year
You must respond in 15 business days.
When making the copy, cover the other line items as they only required whatever they requested. Can charge .30 cents per line item.
What happens if your journal is lost or stolen?
You must report it to the Secretary Of State asap because it is a public record.
You must send a letter through certified or registered mail. The letter must include: The journal dates, commission number, commission exp date, police report
What happens if it is returned to you or if you find it?
You must start a new journal if it is declared lost regardless.
What if a peace officer asks for your journal?
Comply immediately. You will get receipt. It will be a $2500 fine if you do not comply
Then, you send a letter via certify or registered mail within ten days to the secretary of state. You also need to provide the receipt of journal.
Once the journal is declared sequestered, you still have to start a new journal.
30 days
timeframe for everything else other than:
10 days to report that a peace officer asked for your journal
15 days to create a copy to a public member that asked for a copy
immediately if you lose a journal
