T H E N O T A R Y N E W S
Published by Victoria Ring, CNSA
http://www.50statenotary.com
http://www.bankruptcybook.net
http://www.graphicopublishing.com
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Previous issues: http://www.50statenotary.com/ezine/
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ISSUE 71 January 28, 2005
IN THIS ISSUE:
** Product Updates from Victoria Ring
** NNA Helping You to Locate Mentors in Your Area
** South Carolina Notaries Needed!
** Document Handling in a Homestead State
** Rate this Ezine
** Bible Verse of the Week
** Resource Links for Notary Signing Agents
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PRODUCT UPDATES FROM VICTORIA RING
This has been a busy week. I just published my new book, From Author to Publisher to Profit that will be marketed to writers and publishers. I have been working on writing this book for about 9 months and although I realize the book is not related to the notary market, I always keep my subscribers up-to-date on new products I develop because some of you will be interested in the information.
If you ever wondered how to write and publish a paperback or hardback book of your own, this book will contain everything you need to know. As an author and publisher myself, I learned the expensive lesson of making many mistakes before learning exactly how the publishing field works. All this information and more is revealed in my new book, From Author to Publisher to Profit.
To find out more go to http://www.graphicopublishing.com/book/index.html A free CD-Rom training video is included with every book purchase. If you order before the publication date of February 15, 2005, I will even personally autograph the book for you at no additional charge.
Secondly, I have redesigned the Victoria Ring Consulting website which provides you with several good marketing and legal-related articles. To view the new updated website go to http://www.victoriaringconsulting.com
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NNA HELPING YOU TO LOCATE MENTORS IN YOUR AREA
I answer many telephone calls and emails from notaries who are desperately seeking other notaries in their area to be their mentor and assist with training. I have tried to list as many mentors as possible in this ezine but the National Notary Association has introduced a new section called the NSA Connection that will really help to solve this problem.
To participate, do the following:
1. Go to http://www.nationalnotary.org/join/index.cfm?referID=A23039
2. If you are not a member, you will need to join first.
3. If you are a member, log into the NSA Section with your member number.
4. Then click on Personal Profile
5. Select the NSA option that best fits your needs.
The NSA Connection allows you can keep up with other NSAs in your area. Become acquainted with your colleagues, and learn how they promote and market their services.
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SOUTH CAROLINA NOTARIES NEEDED
I had a company send the following email requesting South Carolina notaries contact her for assignments. She is a small company and needs very experienced and reliable notary signing agents. As you will see in the email below, the last notary she hired had no concern for the job.
Hi Victoria,
I admire your Notary News and all the literature you publish. I have been very successful with the signing process. I make sure everything is done correctly and I have stopped using a notary that does not take this process seriously I thought this would be good for both of us but in the end he wanted to go out on his own and has held documents for 11 days. He also started expecting me to print e-docs and giving him the full fee.
I will not run my business that way so if you have any contact notaries in the Horry County, S.C. area please have them contact me for loan signings.
Sharon Mayes
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DOCUMENT HANDLING IN A HOMESTEAD STATE
Dear Victoria:
A nationwide signing company that recently contacted me about an assignment asked if I was aware of the correct signing procedure for a husband and wife as my state was a "homestead state". As a result of their question, I consulted with my husband who is an experienced real estate agent. He answered my question, and also showed me the answer in a book in his library of real estate references. The book is "Real Estate Principles", Eighth Edition, by Charles J. Jacobus and Bruce Harwood. As it turned out, my state is actually a "dower" state, not a homestead state. An explanation of the difference between the two terms is shown below.
I thought it might be worthwhile sharing the question, answer, and reference with other notaries who subscribe to your site. While the answer will explain the difference in the terms that will affect correct signing procedures for a husband and wife, each notary should investigate the answer to this question based on their own state laws:
According to the reference, "Statutory estates are created by state law. They include "dower" which gives a wife rights in her husband's real property; "curtesy" which gives a husband rights in his wife's real property, and "community property". Additionally, there is "homestead protection" which is designed to protect the family's home from certain debts and, upon the death of one spouse, provides the other with a home for life.
Historically, dower rights came from old English common law in which the marriage ceremony was viewed as merging the wife's legal existence into that of her husband's. From this viewpoint, property bought during marriage belongs to the husband, with both husband and wife sharing the use of it. As a counterbalance, the dower right recognizes the wife's efforts in marriage and grants her legal ownership to one-third (in some states one-half) of the family's real property for the rest of her life. This prevents the husband from conveying ownership of the family's real estate without the wife's permission, and protects her even if she is left out of her husband's will.
Dower:
In real estate sales, the effect of dower laws is such that when a husband and wife sell their property, the wife must relinquish her dower rights. This is usually accomplished by the wife signing the deed with her husband or by signing a separate quitclaim deed. If she does not relinquish her dower rights, the buyer (or even a future buyer) may find that, upon the husband's death, the wife may return to legally claim an undivided ownership in the property. This is important if you buy real estate, and is the main reason a property's ownership is researched by an abstracter and the title insured by a title insurance company.
Curtesy:
Roughly the opposite of dower, curtesy gives the husband benefits in his deceased wife's property as long as he lives. However, unlike dower, the wife can defeat those rights in her will. Furthermore, state law may require the couple to have had a child in order for the husband to qualify for curtesy.
Community Property:
Nine states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) subscribe to the legal theory that each spouse has an equal interest in all property acquired by their joint efforts during the marriage. This jointly produced property is called "Community Property". Upon the death of one spouse, one-half of the community property passes to the heirs. The other one-half is retained by the surviving spouse. When community property is sold or mortgaged, both spouses must sign the document. Community property rights arise upon marriage (either formal or common law) and terminate upon divorce or death.
Homestead Protection:
Nearly all states have passed homestead protection laws, usually with two purposes in mind (1) to provide some legal protection for the homestead claimants from debts and judgments against them that might result in the forced sales and loss of the home, and (2) to provide a home for a widow, and sometimes a widower, for life. Homestead laws also restrict one spouse from acting without the other when conveying the homestead or using it as collateral for a loan. Although dower, curtesy, and community property rights are automatic in those states that have them, the homestead right may require that a written declaration be recorded in the public records....".
Paulette M. Danzy, Michigan
Because dower and curtesy rights originally were unequal, some states interpret dower and curtesy so as to give equal rights, while other states have enacted additional legislation to protect spousal rights....the basic purpose of dower and curtesy (and community property laws) is to require both spouses to sign any deed or mortgage or other document affecting title to their lands, and to provide legal protection for the property rights of a surviving spouse.
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Please rate this Ezine at the Cumuli Ezine Finder
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BIBLE VERSE OF THE WEEK
2 Thessalonians, Chapter 2, Verses 1-2
Now we beseech you, brethren, by the coming of our Lord Jesus Christ, and by our gathering together unto him, That ye be not soon shaken in mind, or be troubled, neither by spirit, nor by word, nor by letter as from us, as that the day of Christ is at hand.
Read online at http://www.servantofjesuschrist.com/kjv1611/02_thessalonians/chapter_02.html
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OF INTEREST TO NOTARIES:
Get listed in the Nationwide Notary Directory
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BOOK: How to Start, Operate and Market a Freelance Notary Signing Agent Business ISBN: 0-9761591-0-4
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BOOK: How to Start a Bankruptcy Forms Processing Service
ISBN: 0-9761591-1-2
http://www.50statenotary.com/bankruptcybook/index.html
BOOK: The Best of The Notary News - Volume 1
ISBN: 0-9761591-3-9
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CD-ROMs: Notary Business Talks with Victoria
http://www.50statenotary.com/videotraining/index.html
Attend the 2005 National Notary Conference in Las Vegas!
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Advertise in the 2005 Conference Booklet
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FREE: Client Intake Forms for Bankruptcy Forms Processors
http://www.50statenotary.com/bankruptcybook/download/
FREE: 50 State Notary Desktop Guard Dog
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Join the National Notary Association
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Protect Yourself from Fraudulent Signing Companies
http://www.notarybeware.com
http://www.mynotarybusiness.com
Locate a Notary: View the Nationwide Notary Directory
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View previous issues of this ezine: The Notary News
http://www.50statenotary.com/ezine/index.html
Jobs for Notary Signing Agents (updated weekly)
http://www.50statenotary.com/directory/company_listing.html
Free Introductory Signing Agent Training Course
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My Notary Story Tips from Experienced NSAs
http://www.50statenotary.com/mystory/index.html
Free Download of the King James Bible
http://www.servantofjesuschrist.com/kjv1611/download.html
Book: From Author to Publisher to Profit
http://www.graphicopublishing.com/book/index.html
Visit Victoria Rings other websites
http://www.victoriaringconsulting.com/
http://www.graphicopublishing.com/
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Victoria Ring, CNSA
Author, Speaker and Training Developer
http://www.50statenotary.com
Phone: 614-801-9977
Fax: 614-801-1962
For additional information about Victoria Ring visit http://www.victoriaringconsulting.com
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