July 9th, 2009
Apostille Processing for "Vital Records" - Birth, Marriage, Divorce, Death & Educational Transcripts.
Apostille Processing for "Vital Records" - Birth, Marriage, Divorce, Death & Educational Transcripts.
I am often called upon to obtain an Apostille for the above "Vital Records". While the rules vary from local to local (New York State specific information on my web site: http://NewYorkMobileNotaryPublic.com ) there are some general conditions worth noting.
An Apostille is issued to a notarization or notarial equivalent. It is not issued to the document itself. Thus the basis can be the notarization of a signature, or the seal issued by a governmental body. An example of New York procedures will illustrate.
A birth certificate issued by the City of New York contains a seal from the city that can form the basis of obtaining an Apostille. A copy of a birth certificate from a town in Arizona can also be Apostille processed in New York. As the issuer of the Arizona birth certificate (even if it is an original) is not known in New York, a statement by the holder of the certificate is notarized; it is that notarization that can receive the Apostille.
Thus, both the New York and the Arizona birth certificates can receive an Apostille issued by the State Department in New York. Both are valid Apostilles, but are they of any value?
The New York one certainly is. It contains the seal of the city and a proper Apostille. But, even though the Arizona birth certificate has an Apostille - the apostille is not related to the Arizona birth certificate - it is related to the statement made to me that the birth certificate from Arizona is either an original or a true copy.
The ultimate destination of use of the Apostille bearing document is the only place that can decide if the Apostille is suitable for purpose. In some situations either one would be acceptable - but, some would reject the Arizona. The "more proper" procedure for the Arizona would be to have the original processed in Arizona - verification of the issuing authority - and an Arizona issued Apostille affixed to the document.
This issue is explored in greater detail on my web site http://NewYorkMobileNotaryPublic.com
Choosing a New York Mobile Notary Public
NewYorkMobileNotaryPublic.com
New York City! There is no place like it in the world, the city that never sleeps. Notary service is no exception. Service offerings range from "in the gutter" to the "skyline of New York" and all areas in-between. This article will help you to select a service, and covers key questions you should ask of a prospective service provider. Also covered is how to read, really read, a web site offering New York Mobile Notary Public services.
A notary is a notary is a notary. Not exactly; there are significant differences in the level of skill, preparedness (variety of forms, stamps and embossers), and fees charged. Some offer "walk in" service, others are mobile only. Everyone knows that New York City has very high rents. Operations with walk in service have major expenses not incurred by a mobile (goes to you) notary service such as http://newyorkmobilenotarypublic.com.
You should look very carefully at claims (boasts?) made on web sites. The more substantiation of claims - made by factual evidence, photos or "off site" links that prove the statement, the better. It's easy to "cut and paste" a logo - having the logo "clickable" to a link on "their" site - that proves the membership or other claim is what to look for. The most positive assurance of reputable practices is the name and home address of the owner of the firm. Be wary of unproven claims of headcount or greatness. It's time to "stop reading" when you hit the first instance you feel is "baloney". You can be sure if there is some fabrication, more will follow later in the text.
Perhaps the most distinguishing aspect of http://kenneth-a-edelstein.com (my other web site) is my very full disclosure about myself. Not to brag - but to let you know that I am very sincere about my consumer first policies. Few of my competitors have an A+ rating with the Better Business Bureau of New York, or are members of the Manhattan Chamber of Commerce. Links to my accreditations are on both sites. Many of the calls that I receive do not result in revenue for me - but they are given the most help I can provide - short of legal advice - which I am forbidden to provide.
What if you have no fingerprints and need fingerprint clearance?
As a fingerprint technician I, Ken Edelstein am frequently asked to fingerprint people, generally for immigration or licenses, who literally have no fingerprints whatsoever. The causes are legion. Some are taking medication that has the effect of removing their fingerprints. Others, thru their professional activities have worn away all traces of their natural fingerprints. Some of the occupations include: medical workers who wash their hands literally dozens of times a day, guitar players not using a pick and rubbing their ridges off with each tune, sailors working with ropes, and artists working with paints and paint thinners who clean up by just wiping their hands on their aprons.
Fingerprinting is more of an art than a science, whereby the analysis of the fingerprints is the reverse. Proper fingerprint techniques can enhance shallow ridges, or faint fingerprints. All the basics must be carefully observed including: a cool room, proper lighting, proper fingerprint station height, use of ink & roller with a very thin ink layer, and a careful briefing of the subject as to the proper procedures. Additionally proper hand washing and application of fingerprint ridge raiser chemicals can help - when there is something to work with......
But, sometimes there is just nothing - nada, not a trace of a friction ridge. The fingertips are sometimes as smooth as glass; more like a marble than a human fingertip. How then can these people be accepted by the FBI database by submitting classifiable fingerprint cards? The answer is they can't. But, that is not the end of the story. Just because someone does not have fingerprints that can be classified in the standard procedure does not inhibit them from their employment goals, licensing requirements or opportunity for immigration or adoption.
For the fingerprintless among us there is a procedure for clearance. It's a bit lengthy and tedious, but eventually succeeds. The procedure is to submit standard, best efforts, fingerprint cards three times; and probably receive each time a rejection due to poor print quality. On the fourth submission, NewYorkMobileNotaryPublic.com as the fingerprint technician, I also submit an Affidavit of Best Obtainable. This details the nature and history of the problem, the techniques I attempted to overcome it. It includes my statement that the fourth submission contains the best possible images, in my professional opinion; considering the situation.
Ken Edelstein is an All Purpose New York Mobile Notary Public come here NewYorkMobileNotaryPublic.com for all your questions and Notary Public needs
How can I tell if the Notary is authentic and reliable?
How can I tell if the Notary is authentic and reliable?
It is rare for someone to impersonate a notary. Most reputable rubber stamp and embosser shops require the notary ID card for them to process an order. However, there are now walk-in facilities that will take any image and turn it into a rubber stamp - without a glance! Your first line of defense is to ask to see the notary ID card - issued by the Department of State. It has the name of the notary and the expiration date of their current commission. In New York State a notary commission is for four years. The notary ID card does not have a picture - ask to see photo ID - compare the name on the notary ID card to the photo ID.
There is a wide range in the quality of notary service. At one extreme is the totally incompetent notary who just stamps and initials your document. Ken Edelstein is at the other end of the spectrum. I take each assignment personally, doing the best job possible. Many times I spend a long time explaining procedures and giving advice - with the knowledge that the discussion will not lead to me earning a fee. There is an aspect of public service to my profession that I accept, not as "overhead"; but as "giving back" to the community as NewYorkMobileNotaryPublic.com.
Examine the web site of the notary carefully. When you read boastful "baloney" - move on. Sites that claim to be able to respond anywhere in 15 minutes, or that have been in every hotel in New York City - are - to put it gently - not being totally honest. My notary "kit" is second to none - it weighs over 20 pounds. Two sizes of embossers, two sizes of rubber stamps, a wide variety of notary forms, National Notary Association receipts, gold seals, etc.
Some notary services attempt to "trade up" the job. They will totally abandon one client if an assignment that pays more wants the same time slot on the same day. My word is my bond. I am almost never late - actually, I usually arrive early. My home address is on my site - very few notaries do that - I do not make enemies. Kenneth A Edelstein from NewYorkMobileNotaryPublic.com. has a policy of full refund or redo (at your option) if you are not satisfied with my work. My A+ rating with the Better Business Bureau of New York, and other references on my "about me" page - are aspects of my full disclosure policy. I welcome your call.
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Do you need notarization, apostille or legalization?
I am often asked if a document needs to be notarized; an apostille affixed or should be Embassy/Consulate legalized. Not being an attorney, I can not give legal advice. But, I can say the answer is: it depends on the requirements of the person or organization receiving the document. They have their requirements - it is those requirements that determine what processing the document must receive.
It is rare for documents originating in the US and to be used in the US to require an apostille or legalization. Those processes are generally for documents that originate in the US and are destined to be used in a different country. But, ever there; there are exceptions to the general rule. I have had cases where a locally used document required an apostille on the chance that it might be used in evidence in a foreign court!
In New York State even the notarization procedure has an option. After the notary affixes their seal and stamp; an additional step, authentication of the notary signature can be requested. Usually this additional step is part of the apostille or legalization procedure. However, I have often been requested to provide authenticated notarizations for documents to be used in court. It's a "best practice" for the notary to always emboss documents when they affix their rubber stamp "seal." The embossing is proof positive that the document is the original.
I have placed checklists and tips regarding the above, and much more on my web site: NewYorkMobileNotaryPublic.com and I invite you to brows the research that I have posted. I often use the "Beauty is in the Eye of the Beholder" phrase to explain that, while I can provide a variety of service; I cannot specify what service is required. Case in point: marriage license. I have notarized, obtained notary authentication, obtained an apostille; and added legalization to the apostille - for a marriage license destined for use in China. For other clients, just notarizing a copy of the marriage license is what they need. Until next time, Kenneth A Edelstein
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The Notary Service "Puffer" Fish
The puffer fish is a small fish. However, the puffer is a sly fish and manages to be rarely eaten by slightly larger fish. It inflates itself with water - to appear to be a bigger fish! In a similar manner, some notary services think you want to deal with a gigantic entity to have a document notarized. I don't understand the logic. Notarization, especially a mobile service that goes to your location - deploys a single agent. What is the benefit of a massive or fictitious organization - when you have an appointment to meet with one person, the notary?
http://newyorkmobilenotarypublic.com is me Kenneth A Edelstein. I always answer my phone and speak to you, no "front end" clerks - and I myself do your work. The only exception is when my wife Sandra answers the phone - because I am with a client and wish to devote my total attention to the task at hand and not take phone calls. However, Sandra and I have walkie talkies so she can reach me in an emergency. The puffer fish notary agent always answers the dispatcher's calls, and makes you wait. Be it from their Call Center, Central Dispatch, Main Operations Office or whatever name "Puffer Central" is currently using. It seems so silly to me. But, some are drawn to the "larger entity" believing they are more equipped to process the task at hand. Nobody has better equipment - more forms - a more complete mobile notary workstation than I do - nobody.
I keep costs down by not having a legal staff, foreign contacts, multiple office locations, or an overly diversified "product line". I specialize in notary related functions - and offer a unique (to the best of my knowledge) guarantee. 100% satisfaction or I redo or refund your money - at your option. As a small, non-"puffer" fish, I can devote my personal attention to every project. I have no aspirations of expanding my services outside of New York State - and mainly operate within my home city - New York City.
Compare my site to others. I really do live in Manhattan - that's my home address at the top of every page. I don't have a lot of sales hype - asking you to CALL CALL CALL on every page. Rather, I prefer to give useful information and obtain your business the old fashioned way - by earning it. I invite you to browse http://newyorkmobilenotarypublic.com - you will not find a bloated "puffer fish" description of my operations, abilities or services. If you only have time to look at a single page - look at the "About Me" page.
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Notarizing Important People
Notarizing Important People
Living in the heart of New York City, Manhattan, http://kenneth-a-edelstein.com - I have had the pleasure of notarizing documents for many "VIPs" or Very Important People. I provide my signature "Key Client Services" to everyone - VIP or not. However, sometimes providing service to a VIP can be a bit of a challenge. Drawing on my degree in Psychology helps - not to manipulate - but to help my clients feel at ease. My background skills help me to understand what not to do, and how to make sure the process goes smoothly - resulting in a perfectly notarized document.
Sometimes the challenge is not being able to speak directly to the client. VIPs often have "front end" assistants. Sometimes the assistant, personal secretary or nurse informs me that: "I sign everything for my employer". Sorry, but not this time, I gently inform the helpful but not authorized employee. I must meet face to face with the person whose signature I will be notarizing - there is never an exception. No email, no FAX, no teleconferencing, (I actually have been asked to notarize that way several times), and certainly not by phone. The employee of the VIP can arrange the appointment, check the calendar, but not sign the document.
Just today I was in the office of a prestigious New York physician - the doctor was to sign off on the health of my clients for an adoption. I prepared the notary sections on various documents, but I did not sign them - I always sign last - after the ID is checked. I asked the doctor to see his driver's license. He was a bit amused, not angry or uncooperative - just amused. "We are in my office, my many degrees are on the wall, my patients (who arranged for my visit) are here - "why would you ask me for my driver's license" - he asked with a polite smile - obviously surprised at my request.
"Doctor, as a http://newyorkmobilenotarypublic.com it is my duty to verify ID in all cases. There cannot be an exception as my license is governed by specific rules. Just as you would never consider writing a prescription without examining your patient - I would never notarize a signature without verifying the ID. It is for your protection. Even though I am being paid by your patients, my ultimate responsibility is to protect you from impersonation and forgery. I do not know you personally. Perhaps the real doctor has the day off and you are an imposter, it is possible. By checking your ID - I protect your good name - that is why I am here."
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Mobile Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
Brought to you by Kenneth A Edelstein All Purpose Certified New York Mobile Notary
Sorry, but I can't Notarize that
Almost anything can be notarized, with a few key exceptions. Perhaps the most common reason the notary declines to notarize is a lack of proper ID. Most notaries will require "government issued photo ID", however the legal requirement varies from state to state. In New York State the code does not specify what the notary must see; and each notary establishes their own standard for ID. Non Photo ID is never acceptable. A photo ID from "Freddie's Gym" will probably not be accepted; whereas a work ID - might.
A notary must make "face to face" contact to verify ID. It is illegal to notarize via Fax or verify ID on the basis of a telephone call. I have an interesting expansion of this situation of my web site: http://kenneth-a-edelstein.com just click the menu item "Notary Law & Procedures". The wording of the document determines if the notary is required to actually witness the signing of the document.
If the wording is "sworn to and subscribed" then the notary is required to see the signature take place. If already signed - it can be signed again to meet the requirement. If the wording is "this instrument was acknowledged before me" - then the notary is only required to check the ID.
Official records, Birth, Marriage, Divorce, Death Certificates, and some others are not generally notarized by a notary public. The equivalent of a notarization is provided by the certification by the issuing authority. A common problem is clients wanting a photocopy of an official record to be notarized. That procedure is always improper as the signature of the official (who is not present) would need to be notarized, not the holder of the document. It's a good idea to order more than one copy when dealing with official (vital) records. A photocopy of a notarized document, or of a "official record" is not considered to be notarized or official.
Notarization can be performed on a very wide variety of "documents". If you catch a very large fish, and write "I caught this fish", along with your name and the date; I can notarize your fish! The key to notarization is the ability of the notary to verify the ID of the affiant. You will find many tips and suggestions on the process of notarization on my site: http://kenneth-a-edelstein.com - I invite you to learn more about the process.
Must know facts about having your transcript or diploma notarized. Visit Here
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Must know facts about having your transcript or diploma notarized.
Mobile Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
Brought to you by Kenneth A Edelstein All Purpose Certified New York Mobile Notary
Must know facts about having your transcript or diploma notarized.
It's your college degree or transcript and you have been asked by your employer to provide a notarized copy or perhaps an Apostille.. It sounds simple, but there are a few things for you to consider, and some decisions for you to make. The simplest procedure is for you to write a statement that the document is yours, and have your signature on the statement notarized.
Alternatively, you can have a notary go to the school, obtain a letter from the registrar that the attached copy is authentic, and have the signature of the registrar notarized. Both procedures involve the notarization of a signature, but the first is your signature; the second is the signature of the registrar.
The first procedure, the notarization of your signature is the valid, but, does not constitute notarization of the degree or transcript. It might be acceptable; but that determination can only be made by the person or institution where you submit the documents.
You can even have http://kenneth-a-edelstein.com obtain an apostille on the document, but it will be an apostille of your signature (on the statement); it will not be an apostille of the underlying document. This procedure often works; it depends on the recipient.
The alternative involves more work. A notary must go to the educational institution, meet with the registrar, obtain a letter stating the attached document (degree or transcript) is valid; and notarize the signature on that letter - that refers to the document. With this procedure the document itself has been notarized and is far more acceptable, compared to your statement of the documents validity. The letter from the registrar should be on official school stationary and the title of the person signing should be on the letter. They must be an official of the school, authorized to make a statement as to the validity of the attached document. Ideally the letter describes the attached document in detail, the signature must me handwritten not imprinted or a stamp.
Educational documents are among the most difficult to process for Apostille or Embassy/Consulate Legalization. The difficult part is arranging for the notary to meet with the proper school official. I have successfully processed many educational documents, generally for use overseas - with Apostille / Legalization. Please understand that these requirements are in place to protect you against forgery and identity theft. You can find more information on this topic, and a variety of other notary related functions at http://kenneth-a-edelstein.com
Why you need more than one Power of Attorney Visit Here
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Why you need more than one Power of Attorney
As a New York Mobile Notary Public, I am often called upon to notarize a single Power of Attorney document. I always advise my clients to prepare multiple copies of the form prior to my arrival. The Power of Attorney basically allows someone else to sign your name on a legal document. You can specify exactly what the "powers" are granted. For example you can restrict your "Attorney in Fact" - the term used for the one who is granted the "power" - to signing the papers for the purchase of a house. The "Attorney in Fact" need not be an actual attorney - you can grant the authority to anyone.
The Power of Attorney (POA) document, when "unrestricted" conveys very broad powers indeed. Careful thought should be given to both what powers are granted, and the character of your representative. An unrestricted POA could be used to "sign you into" a mental institution! Remember you are granting authority to "sign your name." As this is such a profound document; and that someone else is legally signing your name, the POA is often kept upon use. For example: If you grant me the authority to go to your safe deposit box, the bank will retain the POA for their records. The bank will want to keep the original POA to substantiate that your access to the box was duly authorized.
Thus the POA is not a "show and go;" but rather a "surrender upon use" document. That is the reason several copies (each duly notarized), are most generally required. A Xerox copy of a notarized document is NOT a notarized document. To manage the affairs of someone might require over a dozen POA's. Original POA's will be required by each bank, brokerage account, credit card account, etc. It is vital that the notarizations on each POA be preformed without the slightest flaw. My site http://kenneth-a-edelstein.com has tips, suggestions and checklists to make sure the notarization will stand up the close scrutiny always given to this most powerful of legal forms.
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Mobile Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
Why would I want a Mobile Notary to come to me?
Why would I want a Mobile Notary to come to me?
There are many reasons to use a Mobile Notary. Perhaps the most important one is that the mobile notary is dedicated to the notary profession, a specialist. Of course you can go to the bank and use their notary, hoping they are up to date on current laws, have the proper insurance coverage, and have a supply of notarization forms for when the requisite notary wording is missing, etc.
Banks also tend to be very selective about what they are willing to notarize, sometimes requiring you have an account with the bank.
Many times we are called to notarize when several people must sign the same document and all of the signatures are to be notarized, as in the case of a will. It would be very difficult for a group to "walk around" trying to find a notary! It is far more practical, considering the witness's time, to have Ken Edelstein appear on schedule.
Sometimes the affiant cannot get to a notary. Obvious examples are hospital and senior citizen situations. At these times the skilled and patient professional notary can assist in the process; assuring all that the procedure is completed correctly. I have a page on my web site devoted to the mobile notary function; it contains a checklist to assist in your selection of a properly prepared notary: http://kenneth-a-edelstein.com/mobilenotary.html
It can also just be a matter of convenience, avoiding the need for a couple to venture out in bad weather, possibly with a small child; so the parents can have a document notarized. Many of my clients are professionals; the time spent "looking for" a notary can result in missed calls; broken appointments; and often cost more than my modest fee. Have you looked at The Case of the Mysterious Notary Find out visit here
I invite you to visit my site. I have posted a large amount of information and limited the sales hype. I promise to not waste your time with boasts and endless self serving sales pitches - I also promise you will find well organized, well researched, and well written useful information related to notary services.
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The Case of the MysteriousNotary
Mobil Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
Brought to you by Kenneth A Edelstein All Purpose Certified New York Mobile Notary
The Case of the Mysterious Notary
I note with amusement the recent growth of "phantom" Notary Service web sites. No names, no home addresses, often just a cell phone number, and a machine/"dispatcher" that says "someone will get back to you". That's my home address on my site and the 212 number is my home phone. I am also National Notary Association "Background Checked" and a 123notary.com "Elite" Certified Signing Agent.
When we meet the first thing I do, prior to asking for your ID is to show you mine. I have my NY State Drivers License, my Notary Commission, and my EPA Federal Lead Based Paint Inspector "badge" (with photo).
The sites that boast of "Accreditations" are really referring to (sometimes) paid memberships. Real accreditations are earned, not bought. I am a member of both the BBB and the Local Chamber of Commerce - with clickable links to my listing on their sites. Be wary of accreditations in a "Company Name", people take tests, not organizations. Who are the (unlikely) 6+ staff members, what are their names? How much experience does each have, you might get the "runt" of the litter who just started!
If a "Company" does not give any names on their site, and you wish to know who really is the company? Ask for a copy of the "Certificate of Doing Business Under an Assumed Name, if they don't do business under a genuine human name. Most of all, be wary of "false New Yorkers", operating under a "New York sounding name". Many don't live in New York City; some don't even live in New York State! My site is http://kenneth-a-edelstein.com - and my picture is there too.
Always ask, and verify where the Notary lives. An out of New York state resident notary will probably be unwilling or unable to respond quickly from their distant home location, if at all. Also, many notaries "part time"; attempting to "squeeze you in" around their 9 to 5 NYC jobs; but their priority is, of course; their other job - not you! They don't put their names on their web sites so their "main job" boss won't know about their "other" activities. My point is that you should ask questions about "facts" stated - not just on Notary sites - but in any advertising. If someone will try to fool you to "get your business" they might also try to "give you the business" in other ways...... Do you need a Notary or an Attorney? visit here
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Mobil Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
Brought to you by Kenneth A Edelstein All Purpose Certified New York Mobile Notary
How to tell if you should "pass" on a Notary Web site, and select a different one
There are many notary web sites to choose from. Some are better than others. Selecting a notary is not much different from selecting any other service. With the assumption that the notarization that you see is important and you want it done correctly the first time: Spend some time reading a few pages on the site; even look at some topics that you are not interested in. Look for inconsistencies; do they claim to be in business 5 years on one page and 7 on another?
Accreditations are commonly listed on many sites. The most valid accreditations are "clickable links" that go "off site" to the referenced site; ideally showing the notary's profile and history. Flat, non-clickable images are often just a copy and paste - without even obtaining permission for use, or any real membership involved. Look for Better Business Bureau or Chamber of Commerce membership. An accreditation from an organization you never heard of should be given little weight in your selection process.
A guarantee is important; it shows the notary is willing to stand by their work. My guarantee is 100% - I offer at http://kenneth-a-edelstein.com to redo or refund (at YOUR option) everything I do. Also look for outrageous claims that you know are absurd. Here, in New York City, anyone who claims to be able to respond to your location 24x7, in any of the 5 boroughs, in under half an hour is just boasting. Also look for useful information - does the site inform and assist - without you having to ask for information - or are they just eager to get your email address?
There are few "large" mobile notary services. Most are individuals. Some, however, try to appear to be a big business; I could never quite figure out why. Notarization is a one on one function; you don't need a call center, dispatchers, quality control officers, or executive offices. Unless you want to pay for their salaries. I am a professional notary, with the equipment, training and skill to notarize, obtain apostille or legalization and I also do fingerprinting. Everything I do is 100% guaranteed. I invite you to browse my web site http://kenneth-a-edelstein.com - I promise to not waste your time with boasts and endless self serving sales pitches - I also promise you will find well organized, well researched, and well written useful information related to notary services.
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Apostille - Much Cheaper than Airfare!
Mobil Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
Brought to you by Kenneth A Edelstein All Purpose Certified New York Mobile Notary ......
Apostille - Much Cheaper than Airfare!
You have a house in Naples, Italy; and you want to sell it. Many papers will need to be signed in front of an Italian notary. One way to process the transaction is to book a flight to Naples and remain there during the process; signing documents and bringing them to a local notary. There will probably be "some" delays. Your budget return flight will be missed as you wait for the legal process to grind along. Perhaps the buyer will be unavailable for a planned session. The "go there and do it yourself" option will most likely take much more time and expense than planned.
There is a better option. Hire an attorney based in Naples. Give your Italian attorney a limited Power of Attorney granting the right to sign your name on all documents necessary for the property transfer. Your attorney will need you to provide the Power of Attorney with the (usually) internationally recognized Apostille, attesting to your signature. I have processed many Apostilles for similar transactions; full details are at my web site: http://kenneth-a-edelstein.com - in the menu item Apostille Processing.
You obtain, from your Italian attorney the locally approved, in this case Naples; Power of Attorney form; it can be emailed to you; and forwarded to me for printing on legal size paper if necessary. You sign it in my presence, and I obtain the Apostille; which is added to the document. The document now has the legal status as if you flew to Naples and signed the Power of Attorney in Italy.
Thus the Apostille bearing document has the status of having a notarization that has near worldwide acceptance. I say "near" because there are a few countries that do not honor the Apostille - but the vast majority of nations do.
There is no need to fly to Naples to give your attorney a locally acceptable Power of Attorney. My Mobile Notary service will print as many copies as required (be sure to inquire how many your processing will require,) bring them to your home or office; and notarize your signature for each copy. After that, I will go thru the processing steps to obtain the Apostille, usually the next day after you sign for each required copy. Note that a Xerox copy of a notarized document is not itself a notarized document. Not only will the copy lack a raised seal; it also lacks your original signature. It is impossible to obtain an Apostille for a Xerox copy - each must have an original signature and notarization.
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Mobil Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
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The Consumers Survival Guide
Selecting a Fingerprinting Service
The two basic techniques of taking fingerprints.
- Traditional Ink and Paper - This is by far the most common and acceptable method for taking fingerprints. Accepted almost everywhere, this method has been the standard for decades. Print quality determined by the skill of the technician. Requires ink on fingers, but modern wipes remove all traces of the ink. Instant results, completed card can be shipped immediately.
- Live Scan - A new technology with very limited acceptance. Tremendous "start up" costs. The machine cost about ten thousand dollars and leases for over six hundred a month, with the costs passed on to clients. A Mobile Scanning machine does not produce "hardcopy" fingerprint card, but, on request, card can be printed and delivered, at additional cost, at a later date. If they have a printer.
How to check out a Fingerprinting Service
- Referrals are a start, but it's safe to assume you will only be referred to positive references.
- A guarantee should allow for you to choose: money back or redo - sometimes you might not want the same "reject" source to try again - insist on a money back option if prints are rejected.
- Is the business a Member in Good Standing of Better Business Bureau? Chamber of Commerce?
- Does the company publish a name, address and contact number for the "top man?" Do they name the technical staff? If not, ask why not. Ask if they will respond to an emergency after hours.
- Do they limit you to "office hours" at their distant location, or will they go to your location anytime?
- Don't be impressed by a company location or equipment - fingerprinting success (ink or scan) depends on the skill of the technician. You should interview the technician and use your instincts.
My thoughts on Live Scan Fingerprinting Technology
I investigated the current "Guardian" as well as the older and somewhat obsolete "ID-500" (it cannot do "flat four" rapid scanning and relies heavily on the skill of the operator to roll the fingers - exactly the same as ink and paper). I determined they are best suited to a single location, sending always to the same place. The problem is that the scanning machines are limited to sending to a single destination. For example, if I purchased a "Guardian" and registered it for FINRA (brokerage use); I could not use it to send to anywhere else. But, if I carry along a computer, than the scanner could be reconfigured to send to a different location. However, the manufacturer told me that a separate PC is really required for each location that prints will be sent to! To make things worse, only FBI certified printers are allowed to print standard cards from the scanned images. Thus, to provide the same flexibility I now have with card and ink, I would need a scanner, several laptops, and a FBI approved printer. Way too much complexity for me. And, I might add in passing that I am truly a computer expert, having done PC support since the Apple was first introduced! It does make sense for XYZ Brokerage to have it to register brokers with FINRA - the brokerage clearinghouse - one machine - one target destination is when the "Live Scan" solution seems most practical.
For general purpose work, Immigration, Clearances, Licensing, Adoptions, etc - Ink, card, and a skilled technician seems the most practical approach for the time being. That will probably change, but not anytime soon. I don't use a "black box", you can see the quality of my fingerprinting with your own eyes, No network delays, no software "glitches", no super high tech prices - just what you need to submit - instantly. More on the subject at http://kenneth-a-edelstein.com
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Phony Apostille Services - How to Spot Them
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Brought to you by Kenneth A Edelstein All Purpose Certified New York Mobile Notary
Phony Apostille Services - How to Spot Them
Sometimes an Apostille can be issued without your signature. One example is a Birth Certificate issued by the City of New York. If you need your New York City Birth Certificate used overseas, chances are that an Apostille affixed to it will be required. As the City is the issuer of the document; it's their "signature" that applies, not yours. Therefore, you do not sign anything - the Birth Certificate - with letter of exemplification, forms the basis of receiving the Apostille.
Except for the above example, and similar governmental issued documents, your signature is the basis for the Apostille. Your signature will require notarization, and that notarization must be perfect. All notarizations require personal presence with the notary. That is the flaw in Apostille by Mail services. They issue the notarization of your signed document without actually checking your identification and meeting with you. Such activity is, of course, illegal. If the notarization is illegal, the Apostille issued for that notarization is also void; the same as the fraudulent notarization.
An Apostille is the additional verification of the notarization, which is verification of the original signature. As in any field of endeavor, there are those willing to "take shortcuts." They collect their fee and issue what looks genuine; but has been obtained thru fraud. As an Apostille is almost always used for an important document; would you want to risk your document being nullified when the fraud is discovered?
There is no legal notarization of your signature via mail, email, phone or Fax. Personal appearance with the notary, checking of ID, and administering the notary oath is always required to legally notarize your signature. At http://kenneth-a-edelstein.com I cover this in greater detail. Your Apostille bearing document is probably very important to you; do not allow an unscrupulous service to involve you in fraudulent activities.
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Do you need notarization, apostille or legalization?
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Do you need notarization, apostille or legalization?
I am often asked if a document needs to be notarized; an apostille affixed or should be Embassy/Consulate legalized. Not being an attorney, I can not give legal advice. But, I can say the answer is: it depends on the requirements of the person or organization receiving the document. They have their requirements - it is those requirements that determine what processing the document must receive.
It is rare for documents originating in the US and to be used in the US to require an apostille or legalization. Those processes are generally for documents that originate in the US and are destined to be used in a different country. But, ever there; there are exceptions to the general rule. I have had cases where a locally used document required an apostille on the chance that it might be used in evidence in a foreign court!
In New York State even the notarization procedure has an option. After the notary affixes their seal and stamp; an additional step, authentication of the notary signature can be requested. Usually this additional step is part of the apostille or legalization procedure. However, I have often been requested to provide authenticated notarizations for documents to be used in court. It's a "best practice" for the notary to always emboss documents when they affix their rubber stamp seal. The embossing is proof positive that the document is the original.
I have placed checklists and tips regarding the above, and much more on my web site: http://kenneth-a-edelstein.com and I invite you to brows the research that I have posted. I often use the Beauty is in the Eye of the Beholder phrase to explain that, while I can provide a variety of service; I cannot specify what service is required. Case in point: marriage license. I have notarized, obtained notary authentication, obtained an apostille; and added legalization to the apostille - for a marriage license destined for use in China. For other clients, just notarizing a copy of the marriage license is what they need.
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Should your Notary use a LOOSE Acknowledgement?
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Should your Notary use a LOOSE Acknowledgement?
Most forms I notarize have a notary section with the standard notary wording in place. Some, however, are missing the required notarial wording. New York State, for example, requires the location where the notarization was performed, the date, a statement by the notary, etc. The most common notary statement is "This instrument was acknowledged before me by." If the requisite wording is missing it is the responsibility of the notary to add it to the document.
There are two primary ways for the notary to add the wording. The most common is to staple a form, the loose acknowledgement directly to the document. However, if the document is to be sent via FAX the stapled addition presents a problem. An alternative is to have the notary either write the wording directly on the document (sloppy), or use an acknowledgement stamp that contains the proper wording. The stamp is much neater, gives a more presentable appearance and does not rely on notary memory for completeness. Not every notary carries this often needed stamp. If your documents do not have notary wording and there is a possibility they will be faxed, be sure your notary has this essential tool.
The worst option is for the notary to ignore the requisite wording and merely rubber stamp the notary seal, and sign below it. That is very poor notary practice and really not a valid notarization. The use of the loose acknowledgement stamp is generally preferred - if there is room at the bottom of the page for both the wording stamp and the notary stamp. Experienced notaries usually carry two notary stamps - same content - but different sizes to fit the available space. A really good notary will have two embossers for the same reason.
It is important that you check the work of the notary to be sure all the requirements for notarization are on your signed document. The Venue (State of.... County of....), your name neatly printed, the notary statement, and the notary signature. The signature of the notary must exactly match the notary name as on the notary rubber stamp. I have additional tips and suggestions regarding notarizations on my site: http://kenneth-a-edelstein.com - check the About Me and Notary at Your Location pages for additional information. An improperly executed notarization is worse than none at all. At a glance it looks good, but to the trained eye (after a bit of reading on my site), the omissions are obvious. More links and update's from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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Mobil Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
CLOSE Your Loan Package in the comfort of your own home. Brought to you by Kenneth A Edelstein All Purpose Certified New York Mobile Notary
Many states, including New York, permit Loan Packages (initial purchase, refi, reverse mortgages, etc.) to be processed at your home or office. You do not need to go to the bank or title company office. This becomes very convenient when both husband and wife will be signing. A specially trained notary called a Signing Agent can be dispatched to meet with you at a location and time of your choosing. The Signing Agent will bring two complete sets of printed documents. One will be signed and notarized at your location; the other will be a copy for your records. The Signing Agent will guide you, step by step, thru the signing; notarize and ship the documents. The Signing Agent fee is normally considered a Title Company expense; you don't pay extra for this service.
The procedure is often called a closing, however it is only the first step in the closing process. But, it is a vital step and must be completed perfectly. A single flaw, missing signature, or botched notarization can put the entire process on hold - until the error has been corrected. I have a published article on my site, http://kenneth-a-edelstein.com with a very complete discussion of this process. An important aspect is the Right of Recession, most commonly known as the Right to Cancel. It allows three business days to review the borrower copy, resolve issues; and if necessary cancel the transaction.
The Right of Recession only applies if the collateral for the mortgage is a primary residence. In other words, if the property is a second home - there is no Right to Cancel. One suggestion: as an alternative to having the Signing Agent bring the documents to your home; you can request the entire Loan Package be sent directly to you. This will give you plenty of time to review the complete package with your Loan Officer - prior to the arrival of the Notary Signing Agent. This is especially important if you will not be receiving a Right of Recession.
Another tip: After the Signing Agent has departed; number your copy of the loan package (it's not the legal copy, so feel free to write on it). Typically, the package is about 100 pages. Next, with a pad of paper alongside - go thru your package page by page. When you have a question; for example the Escrow Amount on page 34 - circle the item in question directly on page 34 of the Loan Package. Next, on your pad of paper write the number 34 and the issue: Escrow amount too low. Proceed thru the entire document, noting all issues and questions. When you are done, the pad will be a directory to issues in the Loan Package, with page numbers and reference to the issue. The Loan Documents will have the appropriate area circled. Then, in an organized manner, you can contact your loan officer to resolve all issues in one phone call. More links and update's from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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Mobil Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
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Free Legal Advice - Do you need a Notary or an Attorney?
I often get calls asking me to assist in the "preparation" of legal documents. "Just tell me what it needs to say," is the most common request. Being a New York State notary; I am bound by the NY Notary Laws. An excerpt follows: May not give advice on the law. The notary may not draw any kind of legal papers, such as wills, deeds, bills of sale, mortgages, chattel mortgages, contracts, leases, offers, options, incorporation papers, releases, mechanics liens, power of attorney, complaints and all legal pleadings, papers in summary proceedings to evict a tenant, or in bankruptcy, affidavits, or any papers which our courts have said are legal documents or papers.
The real function of the Notary is to verify the identification of persons signing legal documents under oath. In New York State, and most other jurisdictions; notaries are forbidden to create documents or give legal advice. Being a notary and knowing my state's Notary Law; allows me to perform the notarization process. I can make certain that the notarization meets all legal requirements.
For example: it is recommended that the embosser always be used for documents destined for processing outside of NY State. As a matter of procedure I emboss all notarizations routinely.It's a real temptation to help my clients draft what appears to be a simple document. But I must decline, no matter how "trivial."
Lawyers have the license and skills for legal document preparation, not notaries. The same applies to "legal advice." "Should I sign this," is another common question that I am forbidden to answer. However, there are some questions that a skilled notary can answer. "Where in this set of mortgage documents can I find the interest rate?" As a Certified Signing Agent, http://kenneth-a-edelstein.com is able to assist borrowers in finding key aspects within their loan documents. It's truly a fine line between that permitted assistance and "explaining the documents."
Often, when I decline to give a "legal opinion," my client tells me that the request is too trivial to warrant the expense of hiring an attorney. Free legal advice is easily obtainable. The source I usually suggest is the local political office. Assembly leaders,
Congressional representatives, and other elected officials frequently maintain neighborhood offices. These tend to be staffed by recent law school graduates, or beginning attorneys; who are authorized to give legal advice and assist in the creation of documents. More links and update's from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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How to be the world's WORST Notary / Signing Agent
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How to be the world's WORST Notary / Signing Agent
Never write things down - rely on your good memory. Book EVERY call that you get and go to the one that pays the most. Use the same stamp for life - after you cut off the "99" from the date then cut off the "19" and just write in the 2000 year. Never clean your stamp. Dress shabby - looking poor might get you a tip. Arrive late - they will appreciate you more when you finally show. Ignore all rules - backdate, fax notarizations, loan out your stamp and seal when you are on vacation - for a commission of course. Curse out the loan officer when the docs are late or over 50 pages. Shrink all e-docs to cheaper letter paper - legal paper costs too much anyway. Ship completed signings only on Saturday - it's easier to find parking.
Bait and Switch all "signing companies" demanding double the agreed fee - save this demand till an hour before scheduled time. Eat lots of beans and garlic - borrowers sign quickly in a flatulent environment. Charge extra for using your embosser - after all it's extra work. Never renew your commission - just update the stamp. Never check ID - nobody really gives a hoot who signed it as long as it's not blank. Retain the signature page of the mortgage till the title company pays you. If your check doesn't arrive promptly, sue the borrower - after all it's their signatures you notarized. Pirate other notaries web sites - imitation is the sincerest form of flattery. Send phony invoices to lots of Title Companies and signing agencies - collect what they did not pay other notaries.
You're entitled to give opinions about the interest rate and any aspect of the loan - be colorful in your comments.
Bring your lunch to the job - it shows you have good time management skills. Have the affiant sign in day glow green ink - legal docs need a bit of color. Always tell the borrower what you think they want to hear - promise anything to get them to sign quicker.
Put your stamp in the MIDDLE of the page - show them who's important. Never give the borrower a copy - most can't or won't read it anyway - and paper is expensive. Make a copy of the return FedEx/UPS airbill and use it to send your invoice if not paid in one week. When the borrower's apartment/home is a DUMP - it's OK to tell them so. You must tell all clients that you expect tips - otherwise how are they to know. This tongue in cheek humor from http://kenneth-a-edelstein.com
Park on the borrower's lawn so you won't be blocked in on their driveway. Any room without a No Smoking sign is your invitation to light up. If the borrower forgot to make a copy of their drivers' license just slip the original into the package when they are not looking. Make any changes to the documents that will get the borrower to sign - after all you are a public official with authority. A few drinks can help steady your hand. Off color, sexist and racist jokes show self confidence and professional ability. Never read signing instructions - who are they to boss you around? Keep phone charges down by calling the borrower collect. Learn to shortchange - clients usually have their mind on the documents. Never go alone - bring friends to help create a festive environment. Answer all "legal" questions with your best guess - it makes you appear very wise and lets you bill the borrower directly for your legal opinions. More links and update's from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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Mobil Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
Brought to you by Kenneth A Edelstein All Purpose Certified New York Mobile Notary
Sometimes you don't have to Sign the Document before the Notary.
While it's generally a good rule to not sign a document to be notarized until the notary is present; sometimes you can! It all depends on what the notary, (not you) will be saying. At the end of your document there is a "notary section" - it generally starts with "State of: and County of:. In the notary's statement (which is signed by the notary); most commonly are one of two key phrases. It is these phrases that determine if you can lawfully sign the document prior to the notarys arrival.
The first format "sworn to and subscribed before me"; has the keyword "subscribed" - this requires the notary to actually witness the signing process. No exceptions. All notarizations are "sworn to" - as a good notary will give the "oath" as part of the notarization process. But "subscribed" allows no leeway. You must wait for the notary to be present to witness your signature. What if you already signed? Most commonly the notary will simply ask you to sign again near the first signature. Some will request you to draw a single line thru the prior signature and initial the end of the line; a legal erasure.
However, if it says "this instrument was acknowledged before me" than the notary is only required to ask you if you did indeed sign the document! When you say "yes" you are acknowledging that you did do the relevant signature. Some notaries are not comfortable with this process, but it is "the letter of the law". I cover this and many other aspects and details about notarizations on my site: http://kenneth-a-edelstein.com and I invite you to use it as a resource for many notary related functions.
In either case above, as in any notarization; there is always the requirement for "face to face" contact with the notary. It is always illegal to notarize by Fax or phone. The notary always has the responsibility of checking your ID prior to completing the notarization. I often hear that the procedure is "difficult" - due to the ID checking and the face to face contact requirement. Please understand that the procedures are designed to protect you from someone impersonating you. Notaries must check your ID in person to verify your identity. Most times a government issued photo ID is required; a social security card does not have a picture and will rarely be accepted unless other identification is presented. More links. and update's from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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Exposed: Notarization does NOT make your document valid !
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"It's notarized, so it must be valid", is a common misconception about notarizations. What must be understood is the distinction between the content of a document and the signature on the document. Notarization verifies the identity of the affiant, the one who is stating that the document is true. What notarization does not do is make the content true, valid or reliable. A false notarized document is just that: a false notarized document.
It is not the function of the notary to read the document - at all. The responsibility of the notary is to check the identification of the person making the statement. The only part of the document that is "validated" by the notary is the signature! While it is poor notary practice to notarize a document known to be false, the notary has no requirement to read the entire document. For example: If, in the middle of a lengthy affidavit, the affiant includes the statement "I had dinner with Elvis on April 1st, 2008" - the notary would probably not notice the false claim. The document would be routinely notarized. The notarization certainly does not make the statement credible!
While notarization does not make a false statement valid, it does subject the affiant to criminal penalties. When you knowingly sign a false statement, and have it notarized, the crime is perjury, not something to take lightly. False statements on notarized documents are legally the same as false statements made in court under oath. This concept is further explored and other aspects of notarizations on my site: http://kenneth-a-edelstein.com. It is vital to understand that notarization addresses the validity of the signature only. Even then, a clever forgery can fool a notary, it's not often the situation; but certainly possible. More links and update's from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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Mobil Notary | All Purpose New York Notary | Apostille Processing | Legalization and Fingerprinting
Beware of Junk Notarizations brought to you by Kenneth A Edelstein All Purpose Certified New York Mobile Notary
Often it is a legal requirement for a document to be notarized. Without the notarization the document may be unacceptable, as when a Mortgage needs to be recorded with the county clerk's office. A flawed notarization is the same as no notarization at all. The county officials are very familiar with the legal requirements for a notarization and will reject on sight a flawed document. If the mortgage, for example, can't be recorded; the entire transaction is in peril
The most common "Junk Notarization" is when the notary only stamps and signs the document. This is not a legal notarization. Notaries are required to "make a statement", eg: "sworn to before me on mm/dd/yy by "affiant name"". Also the "venue" or where the notarization took place is required. That is the reason the "State of New York" and "County of Richmond", for example; appears at the start of a notarization. The notary is also required to give the affiant an oath, asking if the document is truthful and if they signed, and understood the document.
Sometimes a "Junk Notarization" can be fixed by returning it to the Notary of Record who did the initial notarization and have them add the missing components. Other times, the document must be re-signed. My web site has tips and checklists on how to avoid a "Junk Notarization". Visit http://kenneth-a-edelstein.com for details. Specific information is in the "About Me" and "Notary at Your Location" pages. An improperly notarized document might be discovered immediately, or years later. Whenever it is - you can be sure it will be a source of grief and expense that can be easily avoided by learning the basics of what a notary should do. More Links Update from Kenneth A Edelstein All Purpose Certified New York Mobile Notary
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