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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.

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Building the Ultimate Mobile Office for Notary Public Loan Signing Agents

Are you a notary public loan signing agent looking to maximize your efficiency and profitability? A mobile office could be the game-changer you need. In this guide, we’ll walk you through building a mobile office, including vehicle selection, essential equipment, customization tips, and hacks to ensure your business runs smoothly on the go.

Why a Mobile Office?

A mobile office allows you to take your notary services directly to clients, saving time and increasing the number of appointments you can handle daily. Imagine printing documents right in the client’s driveway or having a dedicated workspace wherever you go. It’s all about efficiency and providing top-notch service.

Step-by-Step Guide to Building Your Mobile Office

Building the Ultimate Mobile Office for Notary Public Loan Signing Agents

1. Vehicle Selection:

  • Type: Choose a spacious and reliable van, such as a Ford Transit or Mercedes Sprinter.
  • Used vs. New: Opt for a used van to save on initial costs. Ensure it’s in good condition and suitable for customization.

2. Finding a Customization Shop:

  • Search for: Van conversion companies that specialize in creating mobile offices or motor homes.
  • Keywords to Google: “Custom van conversion,” “van life cabinets,” “mobile office van customization.”

3. Essential Office Equipment:

  • Scanner: Secure a sturdy scanner on top of your setup to prevent movement during transit. Epson Scanner makes a really good one!
  • Printer: Install a dual tray laser printer. Brands like Brother or HP are reliable and efficient for document-heavy tasks.
  • Mounting Supplies: Use heavy duty Velcro strips to secure your equipment. These are great and super strong and easy to use!

4. Storage Solutions:

  • Custom Cabinets: Install custom cabinets for storing essential office supplies such as binder clips, pens, paper clips, rubber bands, a stapler and extra paper.
  • Drawer for Extra Supplies: Keep extra paper, toner, and printer drums in dedicated drawers to ensure you’re always prepared.

5. Power Setup:

  • Battery and Inverter: Install a battery and inverter hardwired into the vehicle’s electrical system to power all office equipment efficiently. https://amzn.to/3APP3MI
  • Rechargeable External Battery: Optional for added power security like a portable power station.

6. Comfort and Efficiency Enhancements:

  • Swivel Seats: Ensure the driver and passenger seats can swivel to face the back, creating a comfortable workspace.
  • LED Lights: Install LED lights for visibility during early morning or late-night signings.

7. Additional Features:

8. Efficiency Hacks:

  • Preparation: Regularly restock supplies and check for shortages to ensure you’re always ready.
  • Use of Time: Utilize the van as a true mobile office, performing tasks like printing, checking documents, and scheduling while on the go.
  • Hiring Assistance: Consider hiring a driver, such as a responsible family member, to maximize your working time between signings.

Conclusion

Building a mobile office tailored to your notary public loan signing business can significantly boost your efficiency and profitability. By following these steps and incorporating the right equipment and hacks, you’ll be well on your way to providing top-tier service while maximizing your earnings.

Ready to take your notary business to the next level? Start building your mobile office today and experience the difference it can make!

New York Enacts Uniform Real Property Transfer on Death Act: A Closer Look at the Legislation and Its Potential Downsides

Overview of the Legislation

On April 20, 2024, New York State signed into law the Uniform Real Property Transfer on Death Act, encapsulated in Senate Bill 8306. This legislation, effective July 19, 2024, introduces a significant change to how property can be transferred upon death, aiming to simplify the process and reduce the burden on heirs.

Uniform Real Property Transfer on Death Act

The Uniform Real Property Transfer on Death Act allows individuals to execute a transfer on death (TOD) deed, enabling the conveyance of property outside the traditional probate process. This new law adds Section 424 to the Real Property Law, making New York the latest state to adopt this uniform act.

A TOD deed must meet the essential elements and formalities of a properly record-able inter vivos deed, including acknowledgment before a Notary or notarial officer. The legislation emphasizes the importance of this step to prevent fraud, facilitate recording, and ensure legal clarity.

Benefits of the Legislation

Simplified Transfer Process

By allowing property to be transferred outside of probate, the TOD deed can significantly reduce the time and expense associated with settling an estate. This can be particularly beneficial for heirs who might otherwise face lengthy and costly probate proceedings.

Fraud Prevention

The requirement for acknowledgment before a Notary helps to prevent fraudulent transfers. This step ensures that the transferor is aware of the legal consequences of their actions and provides a layer of verification that the deed is legitimate.

New York Enacts Uniform Real Property Transfer on Death Act: A Closer Look at the Legislation and Its Potential Downsides

The acknowledgment requirement aids in creating a clear and unambiguous record of the transfer, which can help to avoid disputes among heirs and other interested parties.

Potential Downsides

Complexity for Some Property Owners

While the TOD deed simplifies the transfer process for many, it may introduce complexity for property owners who are not familiar with legal procedures. Ensuring that the deed meets all the required formalities can be challenging without legal assistance, potentially leading to errors that could invalidate the transfer.

Risk of Unintended Consequences

Property owners might not fully understand the implications of executing a TOD deed. For example, they might inadvertently disinherit intended heirs or create conflicts among beneficiaries. Proper legal advice is crucial to avoid such pitfalls.

Not a Substitute for Comprehensive Estate Planning

While the TOD deed is a useful tool, it is not a comprehensive solution for estate planning. It does not address other important aspects such as the distribution of personal property, management of debts, or care for minor children. Relying solely on a TOD deed could leave significant gaps in an estate plan.

Potential for Increased Litigation

The introduction of TOD deeds could lead to an increase in legal disputes, particularly if there are questions about the validity of the deed or the intentions of the transferor. This could offset some of the benefits of avoiding probate by leading to costly and time-consuming litigation.

Frequently Asked Questions

  • What is the Uniform Real Property Transfer on Death Act? The Uniform Real Property Transfer on Death Act allows property owners to transfer real estate directly to beneficiaries upon their death, bypassing the probate process.
  • How does a TOD deed differ from a will? A TOD deed transfers property automatically upon death, without going through probate, whereas a will must be validated in probate court.
  • Are there specific requirements for executing a TOD deed in New York? Yes, the TOD deed must meet the formalities of a recordable inter vivos deed, including acknowledgment before a Notary.
  • Can a TOD deed be revoked or changed? Yes, property owners can revoke or change a TOD deed at any time before their death.
  • Does the TOD deed affect the property owner’s rights during their lifetime? No, the TOD deed does not affect the property owner’s rights or control over the property during their lifetime.

What are the potential risks of using a TOD deed? Risks include unintended disinheritance, increased litigation, and the potential for errors in the deed that could invalidate the transfer.

Conclusion

The enactment of the Uniform Real Property Transfer on Death Act in New York represents a significant step towards modernizing and simplifying the process of transferring property upon death. While the legislation offers clear benefits, including reduced probate costs and enhanced fraud prevention, it also presents potential downsides that property owners must carefully consider. Legal advice and comprehensive estate planning remain essential to ensure that the use of TOD deeds aligns with the overall goals and intentions of the property owner.

Call to Action

Navigating the complexities of TOD deeds requires precision and expertise, particularly with the acknowledgment requirement before a Notary. For a seamless and convenient notarization process, consider using Sunshine Signing, a mobile notary service that brings professional notarization to your location, ensuring all legal formalities are properly met. Simplify your property transfer process today with the trusted services of Sunshine Signing.

Citations:

New York State Senate Bill 8306, Chapter 56, signed April 20, 2024, effective July 19, 2024.

Uniform Law Commission’s official comment on the acknowledgment requirement.

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.

GET STARTED

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?