Occupational Hazards

Daily, mobile notary signing agents go to foreign locations to meet with people they do not personally know. This makes them extremely vulnerable. A recent search for the incidence of violence to notaries brought me to an article in the Realty Times. Though the article refers to incidents that occurred to realtors, it does shed light on a potential threat. The horrifying series depict the stories of two women who were attacked when alone with potential clients who turned out to be dangerous predators.

Per the article, the National Institute for Occupational Safety and Health (NIOSH), estimates that 70 real estate agents were killed on the job between 1980 and 1992, the last year for which statistics are available. No statistics found confirm the violence suffered by notary signing agents, but that does not mean that crimes do not happen or that they’re not a possibility.

Understanding the Issue

When these sorts of things occur to people, victims are heard saying, “I didn’t know—it came out of nowhere.” Most of time, however, experts agree that crime doesn’t happen out of the blue. There is a process involved within the criminal—he or she takes the time to create a situation in which the victim can be overwhelmed. This is why so many self-defense specialists suggest that people don’t only consider training in defensive strategy and carrying objects for protection, but also that they learn to tell the signs so that they may avoid being put in that situation entirely.

Most websites that were researched in the creation of this article agreed on the importance one often-forgotten human characteristic: instinct. As intangible as it is, this trait often described as a fast, unpleasant reaction in the viscera is one of the most useful human traits when it comes to protecting ourselves from becoming a victim.

People have been taught to question everything and unfortunately, this often includes our intuition. Marc MacYoung, better known as the WWF’s “Animal” is the co-author of a very useful site called No Nonsense Self-Defense. MacYoung stresses that people must listen to these feelings.

In his somewhat labyrinthine website, MacYoung offers a treasure chest of information on how to prevent and deal with situations. While these are not immediately applicable to the task of a mobile notary, they are very much important things that every person should take into consideration:

• Pyramid of Personal Safety offers information on how to take precautions in the form of steps.
  
• The Criminal Mindset is an important chapter in recognizing traits and patterns one should look for when dealing with suspicious individuals.

Randy LaHaie offers another free site full of information on self-protection. His Seven Principles of Self Defense serve as a strong foundation for the myriad articles he offers online about safety and self-defense. In particular, his piece titled The Nuts And Bolts Of Awereness details what to look for in situations to avoid becoming victimized.

As Sun Tzu once said in The Art of War: know thy enemy and thyself and no victory is beyond your reach.

Arming Yourself

Having knowledge of how criminals work and what psychological and physical precautions one needs to take is half the battle. The second half is making a decision about how to further your defensive tactics. Many notaries on the topic in NotaryRotary brought up the use of pepper spray and other non-lethal weapons.

LaHaie offers various topics to consider before committing to any self defense gizmo. But it’s not enough to have one such gizmo. One must know how to operate their chosen weapon and what to expect once it has been used on an attacker. To this end, MacYoung suggests the Kelly McCann video Minimum Damage, Maximum Effect: A Complete Guide to Use of Pepper Spray, Less Lethal and Improvised Weapons (VHS $34).

Being aware of your state’s stance on your chosen self-defense weapon or method is also very important, as is knowing the difference between fighting and self-defense. No Nonsense Self-Defense’s chapter on legalities deals directly with the difference between fighting and defending yourself, a distinction that will make all the difference after the fact.

While mobile notary agents can’t be 100 percent safe when undertaking signing assignments, knowing they are at risk, what to look for and how to deal with potentially dangerous situations greatly reduces this risk.

Explaining the Borrowers' Certification of Notary Duties

Vital Signing, Inc.® has started including a document called the Borrowers' Certification of Notary Duties (BCND) in its packages for notaries. This document, though short and seemingly nothing but one more page to print, is, in actuality, a crucial document for notaries.

Because the liability is great when it comes to the execution of loan documents, notaries have to take extra steps to ensure that they cover themselves in all aspects.

“It is very important that the notary executes the Notice of Right to Cancel properly,” says Vital Signing, Inc.® president Cory Barber. “By signing the Borrowers' Certification of Notary Duties, borrowers are certifying that the notary has performed his or her duty.”

That means that, in signing the BCND, borrowers are certifying that the notary provided a copy of the Truth in Lending Disclosure, left copies of the Right to Cancel/Rescission Notice and did not express personal opinions about the loan.

Notaries are asked by Vital Signing, Inc.® to fax back a copy of the BCND. A notary, however, should keep the original in his or her files in the event that questions regarding the signing arise.


Filling out the BCND

Following the section describing the statements to which a borrower is attesting upon signing, the following section appears. Please click on the graphic below for the clarification:



Pay close attention to ensure that this document is filled out right. It may not appear important, but it’s extremely helpful in cases when your professionalism and diligence are in question!