Know Your Notary: Insights from a Professional Notary with Kirsten Roberson

Ever wondered about the ins and outs of notarization? Well, you're in luck! We sat down with the incredibly knowledgeable Kirsten Roberson, a seasoned Notary Public, who demystified the world of notarized documents. We examined the role of a Notary, the crucial part they play in deterring fraud, and the weight of notarized documents in court proceedings. Kirsten also brought to light the intriguing differences in the notarization process in Louisiana versus other states. If you've ever been curious about what it takes to become a Notary, Kirsten detailed the challenging process.

As we navigated deeper into the conversation, we discovered the exciting era of digital notarization. We talked about the various types of notarization, the necessary documents for notarization, and the precise steps involved in notarizing a document. The advent of remote notarization, its stringent rules, and the implications of double transferred documents were also touched upon, painting a detailed picture of the evolving landscape.

Lastly, we delved into the practical aspects of notarization. From discerning tips on choosing a reliable notary to the benefits of mobile notarization, Kirsten shared much-needed advice. We also talked about her enterprise, KRow on the Go Notary, providing an insight into the workings of a mobile notary business. Don’t miss out on this enlightening episode that unveils the crucial role of a Notary, the importance of notarized documents, and tips to ensure your documents are correctly notarized.

Kirsten Roberson
Mobile Notary/Loan Signing Agent
KROONTHEGONOTARY.COM
KRISTEN@KROONTHEGONOTARY.COM
@KROONTHEGONOTARY - on facebook
@KROONTHEGONOTARY - on Instagram
225-406-1226

Transcript

Kim Chapman: 0:02

Welcome to Money Matters, the podcast that focuses on how to use the money you have, make the money you need and save the money you want. Now here is your host, ms Kim Chapman. Welcome to another edition of Money Matters. I am your host, kim Chapman. Most of us will need a notarized document at some point in time around life. Maybe it's the sale or the purchase of a car, or maybe it's those legal documents that experts say everybody should have. You know, power of attorneys wills, things like that. Well, today I will sit down with the Notary public to discuss what documents you should have done and how easy it is to have documents notarized. My guest today is Kirsten Robertson, with K-Row on the go notary services. Welcome, Kirsten.

Kirsten Roberson, Notary: 0:46

Thank you, Thank you so much and thank you for having me. So let's dive right in.

Kim Chapman: 0:50

What exactly is a notary public? Or, better yet, is it notary public? Is it public notary? You know, when I was doing my research, I saw a little bit of both.

Kirsten Roberson, Notary: 0:58

Right right, it's notary public and a notary basically serves as an impartial witness. That's a third party that has no idea what's going on with the document, and it's really to help deter against fraud. A lot of people no notaries just sign documents. That's all I know they do. But we're really there to serve against, deter, against fraud and then also make sure we are identifying the parties that are signing, that they're actually the persons that are signing, and we have to require identification before notarizing any documents.

Kim Chapman: 1:30

Okay, so notarizing documents. So if I have a document, I know that I have an option I could do a notary or I could do an attorney. What is the advantage or what would be a reason that I'd use a notary versus an attorney?

Kirsten Roberson, Notary: 1:42

So that's a great question. One of the quotes I always tell my clients is that I don't advise, I notarize. And so those are two totally different things. When you go to an attorney or a lawyer, they can actually advise on a situation that you may have. A lot of people come up to me and they're like hey, I have this situation going on, what do you think? And I'm like I don't advise, I notarize.

Kim Chapman: 2:05

Okay, that's a really good line.

Kirsten Roberson, Notary: 2:07

Yeah, but the main difference is attorneys and lawyers are able to advise their clients on what to do. They're also able to represent them in the court of law and file different petitions and things like that on behalf of their clients. A lot of people don't realize the state of Louisiana is different, a lot different in a lot of aspects, but mainly when it comes to notaries, because we're the only state that's still a civil law state. Other states may have civil laws in place, but Louisiana is a completely civil law state, which means we are represented by the Napoleonic law. What does that mean when it comes to notaries?

Kirsten Roberson, Notary: 2:44

Well, we can draft documents such as power attorneys, last will and testaments, small successions. They say that same notary is commissioned in the state of Texas. They can't do that. They can't draft documents, they can only notarize documents. So in the state of Louisiana, a notary actually serves as the common man's lawyer. If a person doesn't have $500 to get a small succession done, they can go to a notary. I mean, a small succession is just something a person has access underneath $125,000. They can go to a notary and have a notary draft and notarize that document to them. So the advantages are you're able to get the same services at a more affordable rate. The disadvantage is that notaries can't advise you on certain situations. They can't represent you in court.

Kim Chapman: 3:32

That's a very good explanation how powerful is a notarized document in court.

Kirsten Roberson, Notary: 3:37

So I don't want to say how powerful it is, because there can be a document that's not notarized that could be upheld in court, but a lot of times there are required documents that maybe it's mortgage documents, maybe it's an affidavit or acknowledgement of paternity that the court will recognize. Okay, a lot of their work has been done on the front end, meaning the notary has identified the parties and the parties are exactly who they say they are right. The notary has identified the sworn statement that this parent is actually the child listed in this acknowledgement of paternity. So notarizing a document doesn't necessarily legalize the document right. It just helps the court push the information through so that they can go on to the next step within the court.

Kim Chapman: 4:26

So let's talk just a little bit about being a notary. What does it take to be a notary?

Kirsten Roberson, Notary: 4:32

Let me tell you, in the state of Louisiana, you have to take a very, very rigorous test. Georgia, you can fill out an application, go pay your money and you're a notary, just like that, really, in other states you have to take a test, but it's not as rigorous. We have the most rigorous tests because the responsibilities are so great, like the things that you can do. So you have to take a test. The test is five hours. The questions are usually 70 to 75 questions. It is multiple choice, that's five hours in one day.

Kirsten Roberson, Notary: 5:06

Yes, five hours in one day. The pass rate is about 17 to 21 percent, and then you're taking maybe five different locations that people are testing at different sites and you have anywhere between 500 to about 800 people testing on that one day.

Kim Chapman: 5:23

That's interesting. Do you happen to know how that compares to taking the bar exam? So?

Kirsten Roberson, Notary: 5:28

that's crazy that you may ask that question. I've had several people that told me you should have become a lawyer, Like how rigorous the test is, like they were like you could have passed the bar, Cause I actually took the notary test six times. I passed it on my six time and they were just like you could have just taken the bar and because once you become a lawyer, you automatically have notarial powers, which means you can notarize documents.

Kim Chapman: 5:53

Okay, and do you have to know how long that test is? I'm just in comparison, cause that's a long time.

Kirsten Roberson, Notary: 5:58

I don't know how long that test is. I just heard that it's easier than the notary test.

Kim Chapman: 6:04

So what exactly is involved in the process of notarizing a document?

Kirsten Roberson, Notary: 6:08

So usually when a client comes, I just try to do a lot of my preliminary work upfront. So they call they're calling a schedule appointment I'll ask what type of document are they looking to get notarized? And they'll tell me the type of document and then I'll ask you know, do you have the document already or is it something that you need prepared just so I can know how to kind of help them. I mean they'll say, well, I already have my document, so I scheduled the appointment with them. If it's a document that maybe they're unsure about or maybe I'm not as familiar with, I'll get them to send me the document ahead of time, just so I can review it to make sure it's something that I can assist them with. One of the main quotes I guess one of my instructors said was you know, just because you can do something doesn't mean you should do something. And so as a notary that is one of my kind of standards I stand by is that just because I'm a notary and it's something that I should be able to do doesn't mean it's something that I'm gonna do? I have no problem with referring it out to someone who may know more. Or if someone calls me and they actually need an attorney and they think it's something a notary can do. I have a partner or a colleague I work closely with and I'll refer it out to them Once I see the document and I see it's something I can assist them with.

Kirsten Roberson, Notary: 7:25

We schedule appointments to come in. The first thing is that I'm, of course, identifying who they are, and I know we talked about, you know, what are the proper forms of identification. It's a state issued ID, it's a driver's license, it's a passport, it's a US military ID. Of course, that has to have the picture of the person, because I'm verifying the name and then I'm looking at the person and saying, okay, this is you are who you say you are. You know a lot of high prestige. People are like why do you need to verify who I am? You just came into my doctor's office and I'm kind of like everybody else knows who you are, but legally I have to verify who you are and then at that point, once I reviewed it, they are who they say they are they. Depending on if the document needs witnesses or if they just need to sign, they'll sign their name. I'll sign my name, maybe write my notary number, my notary ID number and then also just stamp the document as well.

Kim Chapman: 8:21

And is that seal? Is that a requirement, or can they just have your signature?

Kirsten Roberson, Notary: 8:26

The formality of the stamp has carried through years. By law the signature is your seal, right? But a lot of lenders or different companies don't know that law, right, they just know where's the stamp the stamp is the seal, when in reality, by law, your signature is your seal, the stamp is just the formality part of the paper. So I still have to stamp it because I'm the only person that probably really knows that aspect of the law. And then a lot of people are used to the embosser, which is the raised paper. Now I just use an ink stamp, but a lot of people back in the day remember notaries actually having to emboss certain documents and usually you only boss them when they're going out of the country.

Kim Chapman: 9:12

So earlier you mentioned proper forms of ID state ID, driver's license, maybe, military, I assume, passport maybe.

Kirsten Roberson, Notary: 9:18

Passport.

Kim Chapman: 9:19

So that makes me wonder typically is it unheard of to have a document notarized for a child, because, of course, they typically would not have a driver's license, or definitely not a military ID, maybe a passport. So are there occasions or is that something that is common where a child would have a document notarized for some reason or another?

Kirsten Roberson, Notary: 9:39

No, it's actually not Like. In my practice I've never had to notarize a document for a child. Because you think about, the child is not legally at an age where they could consent to certain things, so their parent is usually signing on their behalf or consenting on their behalf At the time the child is of age of majority, is what we call it as a notary at 18. Then they're usually able to sign the documents on their own, or they've became emancipated through the courts and they're able to sign the documents, but usually their legal guardian or parent is signing on their behalf.

Kim Chapman: 10:16

So in the intro I kind of just gave some examples of documents that people would be familiar with that they get notarized like a bill of sale. I can remember literally my first car. I bought it from my neighbor and we literally did the bill of sale on a piece of paper.

Kirsten Roberson, Notary: 10:31

A piece of paper A piece of paper.

Kim Chapman: 10:33

So what are the most common documents that you find that you notarize, or at least that are common to maybe this area, to Louisiana or to even Baton Rouge?

Kirsten Roberson, Notary: 10:41

I would say the most I would say are car titles and bill of sales. That's the everybody. It seems like everybody's selling a car, buying a car, doing something with a car, and saying that is the most is my least favorite because no one knows the law around. They're like I just signed my title, can I come get it notarized? And I'm like no, that's the point of you coming to me, first you gotta sign it. The seller has to sign in the presence of the notary, right? So they want to already sign it. You know, we got it ready for you. Like they think they're doing you a favor and it's really like now I can't really help you because you already signed it right, and so that's the most I would say bill of sales and car titles.

Kirsten Roberson, Notary: 11:25

My second probably are affidavits, which are like sworn statements that companies are requesting, that maybe schools are requesting. One of the biggest ones is a residence affidavit or residency which is allowing a student maybe to go to a school now that they're residing with the grandmother or another family member. So now the school needs an affidavit and the affidavit is just a sworn statement stating that hey, this person is actually living at this address. And that probably is my second most common document that I see.

Kim Chapman: 11:57

So we're moving into a digital era, or we're in a digital era, and so have you had any challenges? Or is it maybe not so great for the notary business, in that people are becoming less and less accustomed to having to go places and physically sign documents. We're able to just do e-signatures. How does that work with a notary? Can you do an e-signature?

Kirsten Roberson, Notary: 12:21

So I'm actually certified to be a run notary, which is a remote, online notarization, and we can notarize documents digitally through a secure platform. And the main thing about the secure platform is that it has to be audio-visual, it has to be recorded and you have to maintain the documents for up to 10 years, I believe it is. But again, state of Louisiana is very different, because a lot of documents can't just can't be notarized online. For instance, an authentic act, an act of donation, and an authentic act just basically means the party has to sign along with two witnesses, right, and then the notary has to notarize.

Kirsten Roberson, Notary: 13:04

Most authentic acts can't be done online. They have to be done in person, and that's by the State of Louisiana requirements. The great thing about being a remote notary is that I can notarize and I have notarized documents in California because I'm certified to be remote. So now I'm doing it online and the platform that I use allows you to get clients out of state, out of the country. So that's, it's twofold, but in the State of Louisiana, because a lot of the documents we have to notarize are authentic documents, it kind of balances itself out.

Kim Chapman: 13:40

And so you mentioned witnesses, and so is it just authentic documents, or can just a general document need to have witnesses? And if I don't have any, do you, as a notary supply witnesses?

Kirsten Roberson, Notary: 13:52

Not all documents require witnesses. It also depends on the requirements of the party that's requesting a document. They may have a witness that they want to sign, for instance, loan documents. When I first got into notary business, the first thing I became was a loan signing agent and during that time the pandemic had just hit, so a lot of people were refinancing their homes, getting loan modifications, and that kind of really got me accustomed to what's needed on certain documents, along with the trainings I took. So they, the mortgage companies, require that the document has two witnesses, right? So if a person comes to me and they only they need two witnesses. If I can provide them, then I will. Or I'll say hey, I can provide at least one witness, you'll have to bring the other one, and that's just based on what time they're coming, what day they're coming. Usually I'm adjacent to another business, so if I know there'll be people there, I can grab two of them to come over there and witness the document for me.

Kim Chapman: 14:52

So you mentioned car sales, purchases or most common. Can you walk us through so, if somebody's listening and they know that they're going to be buying a car, selling a car from an individual, what do they need so that they can get it right the first time? What's involved? What documentation should they have? What you know? We talked a little bit about the proof of identification.

Kirsten Roberson, Notary: 15:12

Okay, so let's just start with a basic car title, which means this car title, this is the first time it's being sold. You would need the actual title and then, depending on if it is the first transaction, you won't need a bill of sale. You'll just need the title. And then you'll need a proof of identification, which were those methods we listed Driver's license, state ID, passport, military ID has to have your picture on it and your name on it as well.

Kirsten Roberson, Notary: 15:39

If it's a case where, let's say, you sold the vehicle to a person and that person didn't get the title transfer over immediately and then they sold it against another person right, that happens a lot. It's called the double transfer. In that instance you'll also need the title and a bill of sale, because the second transfer doesn't have a purchase price on it. One of the state law requirements is that they need to know how much you sold the vehicle for, and at that time you'll need a bill of sale. I'll also just kind of inform the listeners that if you purchase a vehicle that has a previous transaction history and that person didn't transfer it over, double check to see if there are any penalties or late fees on that title, because it's a double transfer. So now maybe you should kind of account that in your purchase price, right, subtract what's already there, so that you're not having to pay the purchase price and then, once you go to the DMV or OMV, now I'm also having to pay the back, penalties and fees.

Kim Chapman: 16:41

Can a notarized document be voided or undone?

Kirsten Roberson, Notary: 16:45

Are you referring to? Like let's say, I get something notarized and it's voided, or as far as, like a correction or something needs to be done?

Kim Chapman: 16:53

Maybe I get something notarized and then maybe I changed my mind. Let's say, maybe I was doing a bill of sale and I found out that all these transfers weren't done. I don't wanna have to deal with all the taxes, but we've already notarized it and my signatures on it. Can I come to you and say, hey, can you just void this out? I've changed my mind.

Kirsten Roberson, Notary: 17:11

Yes, so there's different affidavits that can come behind a transaction that was supposed to already happen, be it an affidavit of correction, where I'm actually correcting the title to the person that actually purchased it. Another affidavit is an affidavit of non-purchase, which means like, hey, this person signed the title but they actually never purchased the vehicle.

Kim Chapman: 17:33

And so earlier you talked about when I asked the question like how powerful, strong is a notarized document? He was saying even one that's not notarized can still stand up in a court of law. But is one that is notarized? Is it? Does it have any more weight or bearing than one that doesn't have a signature? And I say that because I know, even as a credit union, we have documents, for example, or payable on death, and I believe there's a Louisiana law that says those no longer need to be notarized, whereas once upon a time they did have to be. So is there any more or less weight when one is notarized versus if it's not?

Kirsten Roberson, Notary: 18:09

I think it depends on who's requesting it, and the reason why I say that is because if I can get this work done on the front end right, if I can verify the parties on the front end, if I can verify the statements that are being made in that specific document that you're referring to on the front end, then it's less work I have to do when the document has to go to court or when the funds have to be transferred, because it's like okay, a person of integrity, a notary, has already verified all this information. Now we're gonna stand on this document, and so I don't think it makes it any more legal. Does that make sense? I just think it helps the process because a person of integrity, a person that was appointed by the state, has also said hey, this information is true and correct and so I want to ask a question.

Kim Chapman: 18:59

But my question is but I'm going to follow it up with a part B you know what type of challenges do notaries face. But what I'm thinking about is, in terms of scams, you have to look at IDs. I'm sure if I would have pulled out my driver's license right now, my hair looks completely different. I'm sure that the weight that's listed on there it's probably not very accurate. So when you're presented with identifications and you know people have different looks they change the color of their hair, their eyes how challenging is it for you as a notary in terms of being able to confirm that it is the person in front of you, or even if it's not a legitimate or valid ID, in terms of it maybe being a fake ID?

Kirsten Roberson, Notary: 19:38

So there are certain trainings that we not required to take but I would advise any notary to take to be able to recognize fake IDs or be able to look at a person and say you know, hey, this is the actual person on the ID. We're also taught to maybe get a second form of ID that has the person name on it or can verify that this is actual, that person Also asking questions A lot of people made. If they're not, if they're a known criminal who does this, they may remember the birthday on the ID or different factors like the address on the ID, but you can verify by saying, hey, can you just let me know what's your date of birth? It's kind of verified. Or, if you still question, you know second form of ID.

Kirsten Roberson, Notary: 20:22

And again, I am not opposed to not notarizing a document. This is what I do full time. This is how I feed my family. I have an 11 year old son that is counting on me. So if I feel like you are trying to get over you know there's a meme that says get somebody else to do it right I literally would say unfortunately, this is something that I could help you with today you may have to contact another notary and just because I don't want to put my notary commission in jeopardy, I don't want to put my livelihood in jeopardy by notarizing one document that I'm getting paid $25 to notarize.

Kim Chapman: 21:01

And is that the average price for a document these days? How does how does pricing go if I have, you know, one document but it's multiple pages versus a series of different documents? How does it work in terms of cost on average, because I know it's going to vary from notary to notary, but can you give us an idea, if you know, if I want to go to a notary and maybe get something notarized, maybe a pop attorney versus an attorney?

Kirsten Roberson, Notary: 21:25

So I can't speak on the cost really of attorneys because they vary so much. I know they charge a lot though Billable hours yeah, they bill their hours, and rightfully so. You know that's why you're going to attorney. But as far as notaries, there's no set fee that we have to charge. But of course there's a market rate, right? What are all notaries charging? And that price per signature I've seen across the board is usually between $15 and $25 per notarization, or they'll do. You know, $15 for your first and then $5, $5 to $10 for each additional. I charge $25. This is just standard documents we're talking about, like a affidavit $25 for the first notarization and $10 for each additional.

Kirsten Roberson, Notary: 22:15

One of the things I pride myself on and I get a lot of business is because I'm also a mobile notary. So I'm a remote notary, which means I can do online notarizations, and I'm a mobile notary, which means I'll pull up at your house, I'll pull up at your job, I'll pull up at lunch at Chick-fil-A. Wherever you are, you need your document notarized, I'll pull up there. And so what does that fee look like? Well, now I'm charging a mobile fee to come to you, and that's usually. I base that on the IRS gas rates, mileage, so I charge mileage. Basically just to come to you in addition to the fee to notarize the documents.

Kim Chapman: 22:49

So that makes life a lot more convenient. So you have the fee basically for the document itself and then, of course, your mileage or our gas. Yeah, so are there other advantages in terms of having a mobile notary? You know, sometimes I think about a person sometimes in a hospital, and you know they want them to sign something before they, you know, go into surgery. Is that, you know, like, is that a common circumstance where you may have to go into a hospital? Or usually, when do you get a lot of calls in terms of having you go to that person?

Kirsten Roberson, Notary: 23:20

So I would say 90% of my business is mobile, like I do have an office, but 90% of my business is mobile because we're working you know, working America, right, everybody's at work. And then by the time they get off, the notary places are closed. And if they're not closed, it takes me forever through traffic to get there, and by the time I do get there they're going to be closed, right. So I'm either meeting people on their lunch breaks or I'm meeting people, you know, after they get off, but it just makes more sense to have me to come to them. Of course I'm meeting people in hospitals, I'm meeting people in assisted living facilities, just anything like that.

Kirsten Roberson, Notary: 24:00

I wanted to go back to the price schedule for notary documents. Notarized documents. It does vary for the power of attorneys, the last will and testaments, the small successions, the active cash sales dealing with property. The pricing schedule I gave you is just for standard documents, but when you start looking at documents like that, you're going to look at a range from maybe $200 up until probably about $500, depending on what you're actually getting done.

Kim Chapman: 24:28

And you mentioned before, the difference between Louisiana and other states is that you can actually create the documents. So are there standard forms that people can go to your website? For example, if I want to do a will, is there pretty much a generic one that I could find and then I'm just going to plug in what my assets are, or if there's a power of attorney, or is each document individually customized once you meet up with that client?

Kirsten Roberson, Notary: 24:51

So the way I do it is, all of my documents are customized. There are documents online that a person could say like hey, research, last will and testament. Sometimes online documents are not tailored for the state of Louisiana and there are certain requirements that we have to include. For instance, if it's a mortgage document and you're doing an active cash sale, you know one of the requirements is the last four of your social has to be in that document. Well, if I'm just, you know, jill or Jack, and I'm just researching them like hey, I'm just do this myself, I'm going to save myself money.

Kirsten Roberson, Notary: 25:26

I've seen that a lot of times. You end up spending more money because what's happening is now you've drafted the document incorrectly, you've gotten it notarized, you file it. Now you have to make changes to it. I have to do an affidavit of correction. I have to charge you for that. You have to file the document again. You have to pay for that. So sometimes pay the expert to do it, and so it saves you a lot of time and money on the front end. You don't have to be covering up and making covering up your mistakes on the back end.

Kim Chapman: 25:56

So how can they reach you? I mean definitely a mobile notary. I'm sure that is, you know, catching the attention of a lot of our listeners, because if you need that document and, like you said, you don't have time to leave your office, you'll come to them. How can they reach you? What are your business hours in terms of you being able to go out and provide this service?

Kirsten Roberson, Notary: 26:14

So I do go on scheduled appointments because I'm in office and mobile, usually 9am to 6pm. If I get a client that wants to schedule outside of business hours, I do do that for after hour fee. My business address is 2160 Thomas H Delbit, I'm near LSU area. Again, instagram I'm very active on their marketing on there. I always say people can't support a business that they don't know exists. So I try to pride myself on letting people know what I do. I'm just K-Roll in the gold notary on Facebook and Instagram. I also teach notary classes, so I also teach other people how to become notaries. I do two things. I have a challenge that kind of walks them through the process. So if they want to become a notary, they know the steps, they know the process. And then I do a preparatory course, which is called Now to Notary Academy. That kind of takes them through a 12-week study guideline before they take the test as well. All right.

Kim Chapman: 27:12

So there you have it. You need a document. Notarized Sounds like Bill of Sale is the most common one.

Kim Chapman: 27:18

We're always buying and selling cars, affidavits, any type of legal documents. A notary seems like they can handle it for you. Sounds like it'll save a lot of money. So thank you so much, kirsten, for coming by and sharing this information with us. Thank you for having me.

Kim Chapman: 27:38

Odds are that you will probably need a notary at some point in time in your life. Here are a couple of key tips to keep in mind. One location If you can't find a mobile notary to service your needs, be sure to choose a notary in close proximity to your location to save time and money in case you need to make several visits. Association Are they a part of an association? Associations, as we all know, are bodies and, as such, they require their members to meet certain professional and ethical criteria, and you definitely want to make sure the connection you make has some good ethics. And then, finally, specialization Check on your notary's qualifications to ensure they are a good fit for your needs. And finally, check out neighborsfcuorg Financial education to learn more on how to use the money you have, make the money you need and save the money you want.