Notary Knowledge by Derrick Spruill

Washington State Law Trivia - Test Your Knowledge Tuesday

Derrick Spruill Season 9 Episode 426

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0:00 | 19:41

Are you ready to see how much you really know about the legal rules in the Evergreen State? Join hosts Eddie Montes Travis and Marylyn Lee Trotter as they break down the most interesting and essential facts about Washington law in this interactive trivia session. Whether you are a local professional or just curious about state statutes, this episode will challenge your understanding of the rules that keep things running smoothly. • State Statutes: A look at how specific local laws differ from national standards and why those differences matter for daily transactions. • Identification Requirements: Exploring the exact types of state-issued documents that are legally acceptable for verifying identity in Washington. • Document Standards: Understanding the mandatory elements that must be present on official state paperwork to ensure it remains valid and enforceable. • Compliance Penalties: A review of what happens when rules are not followed correctly and how to avoid common legal mistakes in the state. This trivia challenge is the perfect way to sharpen your skills and stay updated on the legal landscape of Washington. We cover everything from the basics to more complex regulations to ensure you are fully prepared for any situation. If you enjoyed testing your brain today, please subscribe and like the podcast.

Show Notes:
• Common legal trivia facts for Washington State citizens.
• Identification guidelines required by state law.
• Standard requirements for official state documents.
• Consequences of failing to follow state legal procedures.


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Your Sunday Notary Reading:
Notary Public Foundation: Essential Guide to Core Duties, Ethics, and Commissioning on Amazon

Your Monday Notary Reading:
Notary Operational Excellence: Mastering Certificates, Journals, Ink, and Copy Certification on Amazon

Your Tuesday Notary Reading:
Notary Fraud Shield: Real-World Tactics, Red Flags, and Refusal Strategies on Amazon

Your Wednesday Notary Reading:
The Mobile Notary Blueprint: Launching and Managing Your On-Demand Business on Amazon

Your Thursday Notary Reading:
Notary Niche Navigator: Your Guide to Loan Signings, Apostilles, I-9s, and More on Amazon

Your Friday Notary Reading:
Notary Law & Liability: Understanding State Regulations, Insurance, and Avoiding UPL on Amazon

Your Saturday Notary Reading:
The Future Notary: Mastering RON, eNotary, and Complex Scenarios on Amazon

Quick & Easy Solutions: How to Increase Mobile Notary Business for More Success & Profit: with 37 Professional Tips on Amazon 


Executive Producer Derrick Spruill
Writers Marylyn Lee Trotter and Eddie Montes Travis
Graphics & Illustrations by Eddie Montes Travis
Music by Thomas Bynum
This Show is Produced by Magnificent Workz
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SPEAKER_01

Fraud is a constant threat to your notary commission. You need a shield. The book by Derek Spruwell, Notary Fraud Shield, could provide you with some advice, learn real-world tactics, notice red flags, and develop refusal strategies to protect your notary commission by your copy of Notary Fraud Shield by Derek Spruil from any online bookstore, Amazon.com, Barnes and Noble Bookstore, Bookofmillion.com, Bookshop.org, Mobile Notary by DereksPruell.com, or download from Kindle to obtain your essential notary book to help with all your notarization starting today. Welcome to Notary Knowledge.

SPEAKER_02

And uh today we have a really fascinating topic for you. Just imagine you were sitting at a sidewalk cafe in Paris.

SPEAKER_03

Well, that sounds pretty nice right about now.

SPEAKER_02

Right. You've got your laptop open, maybe an espresso on the table, and with just a high-definition webcam and a two-minute digital pop quiz, you legally authenticate a power of attorney for a multi-million dollar estate back in Seattle.

SPEAKER_03

It genuinely feels like magic sometimes.

SPEAKER_02

It really does. But today we are looking at the invisible, highly rigid, and honestly surprisingly analog tripwires, making that digital transaction possible.

SPEAKER_03

Yeah, exactly. So we are exploring the modernization of the Washington State notarial system.

SPEAKER_02

And we are pulling from a really solid stack of sources for you all today. We've got the revised code of Washington 42.45, uh the Washington Administrative Code, Chapter 30830, plus official department of licensing guides.

SPEAKER_03

And we also brought in some in-depth industry analyses from the National Notary Association.

SPEAKER_02

Right. So our mission today is to really understand how an ancient profession, you know, one engineered centuries ago to prevent fraud through sheer physical presence, has adapted to a world of biometrics and dynamic identity proofing.

SPEAKER_03

Yeah, but we are also going to see how in this massive rush to digitize, the state is enforcing boundaries that are stricter than ever.

SPEAKER_02

Definitely. So before we get into the wild world of remote video notarizations, we really have to look at the foundational tools of the trade.

SPEAKER_03

Right, the basics.

SPEAKER_02

Because it is fascinating that a state fully embracing digital signatures is like simultaneously so obsessed with physical ink and paper.

SPEAKER_03

Oh, absolutely. The level of prescriptive detail regarding the physical tools is incredibly rigid. I mean, the state leaves absolutely zero room for artistic expression.

SPEAKER_01

None at all.

SPEAKER_03

Right. And it all really comes down to the mechanics of archival storage. Let's look at the stamp itself, for example.

SPEAKER_02

Okay, yeah, the rules there are super specific.

SPEAKER_03

They really are. Washington law dictates that a notarial seal must be either circular with a minimum diameter of one and five-eighths inches, or rectangular.

SPEAKER_02

And the rectangular one has to be at least one inch wide by one and five-eighths inches long.

SPEAKER_03

Right. Exactly. It requires a minimum eight-point font. And it must include specific text like notary public, state of Washington, your commission name, your expiration date, and your commission number.

SPEAKER_02

Yeah, I see those granular measurements in the DOL guides. But I have to ask, like, why does the state care if a stamp is an inch wide versus three-quarters of an inch? It just seems overly bureaucratic.

SPEAKER_03

Aaron Powell I get that, but it's entirely about readability down the line. When these authenticated documents, um, like deeds or mortgages are sent to a county clerk, they are eventually scanned.

SPEAKER_02

Oh, right. They get microfilmed or digitized into these massive county databases.

SPEAKER_03

Aaron Powell Precisely. And if a notary uses a tiny illegible font or a shape that doesn't fit standard scanning margins, the optical character recognition software, the OCR, just fails.

SPEAKER_02

Oh wow. So the physical dimensions are literally engineered to ensure the ink impression survives the digitization process decades from now.

SPEAKER_03

Exactly. It's built for the long haul.

SPEAKER_02

The guys also explicitly banned the use of the Washington state seal on the stamp. I found that interesting.

SPEAKER_03

Yeah, the mechanism there is really about preventing false authority. The notary is a commission officer of the state authenticating a signature, sure, but they are not endorsing the document's contents on behalf of the state government.

SPEAKER_02

Right, that makes sense. Allowing the official state seal on a personal stamp totally blurs that line.

SPEAKER_03

Exactly. It could potentially trick a consumer into thinking a private contract has actual governmental backing.

SPEAKER_02

Definitely. And furthermore, the physical security of that stamp acts as a vital forensic tool, right? If a notary stamp is lost or stolen, the law gives them 10 days to notify the departmental licensing.

SPEAKER_03

Yes. And they are required to get a replacement that contains a variance.

SPEAKER_02

Let's explore that variance concept because the source material makes a point of it. How does that actually work in practice?

SPEAKER_03

So a variance is a slight um deliberate alteration from the original stamp design. It might be an added border or a slightly different font weight.

SPEAKER_02

Or even just a microscopic dot placed in a specific corner.

SPEAKER_03

Exactly. And if someone steals the original stamp and starts fraudulently authenticating property transfers, investigators can examine the incompressions on the fraudulent deeds.

SPEAKER_02

Oh, I see. The variance allows them to instantly distinguish between the stolen stamp and the legitimate replacement. Because you can't have two active stamps floating around. That physical security is intense. But the rules around the notarial journal are what really make me push back on this whole idea of a digital revolution.

SPEAKER_03

Oh, the journal rules are wild.

SPEAKER_02

Right. Every single notarization in Washington must be chronicled in a permanent bound book with numbered pages, even if a notary is performing an entirely electronic act on a digital document.

SPEAKER_03

Aaron Powell Yeah, Washington law states that an electronic journal can only be kept in addition to the tangible paper journal, never in place of it.

SPEAKER_02

Aaron Powell It's like the paper journal acts as the black box flight recorder of the legal world.

SPEAKER_03

The black box is the perfect way to conceptualize it. The Washington Administrative Code enforces a classic defense in-depth security model.

SPEAKER_02

Right.

SPEAKER_03

The state embraces digital transactions for their speed, but they fully acknowledge the inherent vulnerabilities of the digital landscape. Servers rot, cloud providers go bankrupt, files get corrupted.

SPEAKER_02

And proprietary file formats just become completely obsolete over time.

SPEAKER_03

Exactly. By requiring a physical analog backup for every single transaction, the state ensures that the legal timeline survives a catastrophic server failure.

SPEAKER_02

And the retention period definitely reflects that. The notary must retain exclusive control of that physical journal for exactly 10 years after the date of the last entry.

SPEAKER_03

Right. An employer can't even demand it, even if they paid for the journal.

SPEAKER_02

Wow. Okay. We're going to take a quick break to pay the bills. But uh speaking of equipping yourself, as we've mentioned in prior episodes, make sure to check out the notary knowledge books by Derek Sproul.

SPEAKER_03

Yeah, they are a fantastic resource for everything we talk about here.

SPEAKER_02

Definitely. All right, we'll be right back.

SPEAKER_03

And we are back. So having established this incredibly physical foundation of stamps and bound books, we encounter a massive contradiction.

SPEAKER_02

We really do. The state is anchoring the notary to paper, yet allowing them to authenticate signers halfway across the globe. Let's look at how the definition of presence actually works now.

SPEAKER_03

Well, historically, presence meant physical proximity. You sit across the desk, you breathe the same air, you hand over a physical driver's license.

SPEAKER_02

Right. And for traditional paper notarizations as well as in-person electronic notarizations or IPN, that traditional definition holds firm.

SPEAKER_03

Yes. Physical presence is mandatory, meaning close enough to see, hear, communicate, and exchange tangible credentials.

SPEAKER_02

Aaron Powell But the remote online notarization endorsement, Ryan, fundamentally changes the architecture of the transaction.

SPEAKER_03

It really does. It redefines appearance to include audiovisual feeds. But because physical proximity is completely removed, the identity proofing has to become significantly more rigorous to compensate.

SPEAKER_02

Yeah. The sources outline a two-step technological gauntlet if the notary doesn't personally know the remote signer. It starts with credential analysis and then moves to a dynamic knowledge-based authentication assessment, the KBA.

SPEAKER_03

Right. Let's break down the mechanics of this because it's far beyond just holding an ID up to a webcam.

SPEAKER_02

Yeah, please sue.

SPEAKER_03

So credential analysis is automated software that replaces the notary's physical inspection of the ID. Instead of a human feeling for raised text or looking for a hologram, the remote signer scans the front and back of their ID using a high-definition camera.

SPEAKER_02

Aaron Powell Okay. And then what does the software do?

SPEAKER_03

The software uses optical and cryptographic checks to verify the security features. It reads the microprinting, verifies the barcode data against the printed data on the front, and pings governmental databases.

SPEAKER_02

Wow. Just to ensure the ID template matches the state's exact specifications for that specific issue year.

SPEAKER_03

Aaron Ross Powell Exactly. And once the software decides the ID isn't a fake, the human has to prove they are the person on that ID through the KBA quiz.

SPEAKER_02

Now the rules for this quiz seem incredibly punishing.

SPEAKER_03

They are very strict.

SPEAKER_02

The signer must answer a minimum of five questions generated from public and private data records, things like property history, credit history, old vehicle registrations. Each question has five possible choices.

SPEAKER_03

Right. And you must score at least 80%, meaning you can only miss one.

SPEAKER_02

And the timer set at exactly two minutes. If you fail, you get exactly one retake within 24 hours. Why is the timer so aggressive?

SPEAKER_03

The two-minute limit is an anti-fraud mechanism. If you give a signer 10 minutes to complete the quiz, a fraudster who has stolen your identity has enough time to open another browser tab.

SPEAKER_02

Oh, right. They could frantically search Zillow, LexusNexis, or your social media to find out what street you lived on in 2014.

SPEAKER_03

Exactly. By compressing the time to two minutes, the system forces instinctual, deeply ingrained knowledge. You don't have to think about the make of the car you drove a decade ago, you just know it.

SPEAKER_02

A fraudster has to guess. But practically speaking, what happens if your internet connection drops midway through question four? Or you have a sudden distraction and step away from the camera?

SPEAKER_03

The state standards for communication technology are totally unforgiving. If a remotely located individual exits the workflow for any reason, they must restart the entire identity verification process from the beginning.

SPEAKER_02

So there's no pausing, no saving your progress?

SPEAKER_03

None. The integrity of the session relies entirely on it being a continuous, uninterrupted stream of verified presence.

SPEAKER_02

That is wild.

SPEAKER_03

What's fascinating here is how the concept of geographic venue still strictly limits the notary's authority, even in a completely borderless digital space.

SPEAKER_02

Right, because with remote online notarization, the signer can be literally anywhere in the world. That Paris Cafe we mentioned, or deployed overseas.

SPEAKER_03

But the notary is geographically anchored. The notary must be physically located within the borders of Washington State during the remote act.

SPEAKER_02

The digital connection spans the globe, but the legal jurisdiction remains tightly bound to the physical soil.

SPEAKER_03

Precisely.

SPEAKER_02

Here's where it gets really interesting. We have this seamless high-tech Oran system for digital documents. Right. But certain legacy frameworks, um, like estate trusts or specific vehicle titles, still stubbornly require actual paper and a wet signature.

SPEAKER_03

Yeah, which is a big hurdle.

SPEAKER_02

If the signer is in Paris and the notaries in Seattle, how does the state bridge that gap? The sources point to House Bill 2158, effective January 1st, 2027.

SPEAKER_03

Right, which introduces paper remote online notarization or Pierron. Pierone is a highly specific hybrid workflow designed to solve the wet's signature problem.

SPEAKER_02

Okay, how does it work?

SPEAKER_03

During the secure audiovisual recording, the remote signer takes a physical pen and signs the tangible piece of paper on camera. They also sign a specific declaration of perjury.

SPEAKER_02

And then what?

SPEAKER_03

Then the signer has three days to physically mail or deliver those wet signed documents to the notary.

SPEAKER_02

Okay, wait, I have to challenge this process. This sounds like an absolute bureaucratic nightmare.

SPEAKER_03

It does sound pretty complex.

SPEAKER_02

I mean, you are mixing a real-time secure video feed with the unpredictability of the Postal Service. Why quantify such a clunky, cumbersome process into state law when you already have secure digital signatures?

SPEAKER_03

It seems inefficient, but it is a necessary bridge. This process was largely born out of the necessities of the pandemic, when legal life had to continue, but people couldn't gather.

SPEAKER_02

Oh, right. And certain legal frameworks simply could not process digital files.

SPEAKER_03

Exactly. County recorders or specific trust laws demanded the physical permanence of paper. By forcing the signer to mail the document within three days, the state is maintaining a tight chain of custody.

SPEAKER_02

So the notary watches the pen hit the paper on video, and a few days later, they hold that exact piece of paper.

SPEAKER_03

Right. PRON effectively merges old world physical mail delivery with new world secure video evidence. It satisfies the legacy requirements for physical paper while maintaining the rigorous biometric verification of the modern era.

SPEAKER_02

It perfectly illustrates the friction between two eras of law. We'll pause here for just a second. Please remember to rate, subscribe, and share the podcast with your friends and colleagues.

SPEAKER_03

Yes, it really helps us out.

SPEAKER_02

Okay, we are back. Now, moving beyond the technology, we have to look at the boundaries of the notary's authority. This audience already knows notary 101.

SPEAKER_03

Right. A notary cannot draft documents, select certificates, or give legal advice unless they are a licensed attorney.

SPEAKER_02

But the digital landscape and the ability to operate remotely vastly expand a notary's reach, which makes enforcing those boundaries much more complex.

SPEAKER_03

Exactly. And that expanded reach is why Washington State sets strict maximums on fees and aggressively polices advertising. For traditional in-person notarial acts, the maximum fee is$15 per act.

SPEAKER_02

But for remote notarial acts, the state acknowledges the technology overhead, like the software subscriptions, the identity algorithms, and bumps the maximum fee to$25.

SPEAKER_03

Right. Though notaries always have the option to charge nothing at all. But the real defense mechanisms are in the advertising disclaimers.

SPEAKER_02

Oh yeah. The rules there are very strict.

SPEAKER_03

If a non-attorney notary advertises their services, they must include a prominent disclaimer in every single language they advertise in.

SPEAKER_02

Explicitly stating they are not an attorney, cannot give legal or immigration advice, and cannot charge fees for those activities. The sources place heavy emphasis on the translation aspect of that advertising rule. Why is the state so concerned with how a notary advertises in different languages?

SPEAKER_03

It is a direct countermeasure against predatory notario scams. These scams exploit a very specific cultural and linguistic misunderstanding.

SPEAKER_02

Right. In many Latin American countries which operate under civil law systems, a notorio publico is a highly trained legal professional.

SPEAKER_03

Yes. They're basically equivalent to an attorney who drafts complex contracts and provides legal counsel. But in the United States common law system, a notary public has a strictly limited ministerial role.

SPEAKER_02

Aaron Ross Powell Wow. So scam artists exploit this translation, setting up shop as a notario in immigrant communities.

SPEAKER_03

Aaron Ross Powell Exactly. Charging exorbitant fees and giving catastrophic, often unauthorized immigration or legal advice. By mandating that the disclaimer be translated into the exact language of the advertisement, the state strips away that linguistic loophole.

SPEAKER_02

It acts as a powerful shield for vulnerable consumers. You know, the way I like to conceptualize the notary's role is by looking at a sports referee.

SPEAKER_03

Oh, that's a good enough.

SPEAKER_02

Right. The notary is a referee on the field. They're there to officiate the transaction, ensure everyone follows the procedural rules, verify the identities of the players, and blow the whistle if there is a foul.

SPEAKER_03

Like coercion or a lack of awareness from the signer.

SPEAKER_02

Exactly. But the referee absolutely cannot tell the players which place to run. If a signer asks, is this contract a good deal for me? The notary has to throw the flag and state they cannot evaluate the legal wisdom of the document.

SPEAKER_03

If we connect this to the bigger picture, the entire apparatus we've discussed, the precise dimensions of the stamp, the ten-year retention of the paper journal, the rigorous KBA timers, and the explicit advertising disclaimers are all different layers of the exact same defense system.

SPEAKER_02

Right. The goal isn't just to authenticate a signature.

SPEAKER_03

No, it's to create an unimpeachable legal record that withstands scrutiny decades into the future, protecting the public from both digital fraud and the unauthorized practice of law.

SPEAKER_02

Which brings us right back to you, the listener. Like, why does navigating this intricate web of physical boundaries and digital tripwires actually matter to you?

SPEAKER_03

It matters a lot.

SPEAKER_02

Whether you are buying a home, setting up a living trust, or authenticating corporate documents for a remote team, you rely on these hybrid systems. Understanding that a dropped internet connection forces a complete restart is crucial.

SPEAKER_03

Or knowing that your electronic journal legally requires a physical analog backup.

SPEAKER_02

Right. It ensures your most critical, life-altering documents won't be voided on a procedural technicality. You aren't just trusting the technology, you are trusting the strict legal framework wrapped around it.

SPEAKER_03

Exactly.

SPEAKER_02

So what does this all mean? It means the modernization of the notary system wasn't about replacing paper with pixels. It was about weaponizing technology to reinforce the ancient requirement of verified human presence.

SPEAKER_03

It is a remarkable synthesis of tradition and technology. And this raises an important question. As artificial intelligence, deep fakes, and voice cloning technology become more sophisticated, accessible, and increasingly indistinguishable from reality, how will we definitively prove what is real?

SPEAKER_02

That is a terrifying thought, honestly.

SPEAKER_03

We often look at things like a tangible paper journal, a physical ink stamp with a calculated forensic variance, or the three-day mail delay of a PR-owned transaction as clunky, inefficient relics of a bygone era.

SPEAKER_02

But as the digital world becomes infinitely easier to manipulate and spoof, will those very outdated, stubborn physical requirements actually become our ultimate fail-safe defense against digital fraud? That is a fascinating thought. That the highly trained, tech-certified fraud prevention agent of the future might still rely, when all the servers go dark, on the indisputable reality of a rubber stamp and a bound paperbook.

SPEAKER_03

Something to really think about the next time you have to swear an oath over a webcam.

SPEAKER_02

Well, please remember to email your questions to Derek at dereksprule.com. We will try to answer as soon as possible at the end of our shows.

SPEAKER_03

We'd love to hear from you all.

SPEAKER_02

So to wrap up, our executive producer is Derek Sproul, lead writer and host, Marilyn Lee Trotter.

SPEAKER_03

Betty Montez Travis on Graphics and Co-Hosting today. Our music is by Thomas Bynum.

SPEAKER_02

And this show is produced by Magnificent Works Business Solutions.

SPEAKER_03

Don't just be listeners of the knowledge, be doers of the knowledge.

SPEAKER_02

This is notary knowledge. Until next time.

SPEAKER_00

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