Notary Knowledge by Derrick Spruill

Maryland Handbook Trivia - Test Your Knowledge Tuesday

Derrick Spruill Season 9 Episode 431

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0:00 | 15:59

Think you know everything there is to know about being a notary in the Old Line State? Join Eddie Montes Travis and Marylyn Lee Trotter as they challenge your understanding of the official rules with a fast-paced game of Maryland Handbook Trivia. It is time to see if you are truly prepared for every signing situation or if you need to brush up on your state-specific regulations.

Journal Requirements: Learn the specific details that must be recorded for every notarial act to ensure you stay compliant with current Maryland law and maintain a clear paper trail.
Identification Standards: Discover which forms of ID are acceptable and what to do when a signer lacks the proper documentation according to state guidelines.
Fee Restrictions: Understand the maximum amounts you can charge for different services to avoid potential legal issues or administrative complaints.
Certificate Wording: Test your ability to identify the correct language required for acknowledgments and jurats used specifically within Maryland's jurisdiction.

Whether you are a seasoned pro or just getting started, staying sharp on the Maryland Notary Handbook is essential for protecting yourself and your clients. We hope this trivia session helps you identify areas for improvement and reinforces your professional expertise. Please make sure to subscribe and like the podcast to stay updated on all our future episodes!

Show Notes:
• Exploring common misconceptions found in the Maryland Notary Handbook.
• Interactive trivia questions to test state-specific knowledge.
• Clarification on proper journal entries and fee schedules for MD notaries.

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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

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

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

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

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Notary Law & Liability: Understanding State Regulations, Insurance, and Avoiding UPL

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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 & Illustra

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SPEAKER_02

Are you an aspiring notary looking to join millions of other notaries? Start your journey with the Notary Public Foundation by Derek Spruel. This essential guide provides the step-by-step process to becoming commissioned in your state. Don't stumble into the role. Walk into it with confidence. Grab your copy of the Notary Public Foundation by Derek Spruell on Amazon today.

SPEAKER_00

Welcome to Notary Knowledge. I'm Eddie.

SPEAKER_01

And I'm Marilyn. We are uh so glad you tuned in to hang out with us today.

SPEAKER_00

Yeah, absolutely. Before we jump in, make sure you grab the Notary Knowledge books by Derek Spruell. They are honestly just incredible resources for anyone in this field.

SPEAKER_01

Oh, definitely. And you know, while you're at it, please rate the show, subscribe, and share it with other notaries. We really want to get this information out to as many people as possible.

SPEAKER_00

For sure. So today we are focusing on Maryland laws, specifically the massive transformation of the Maryland Notary Public.

SPEAKER_02

It is a huge topic.

SPEAKER_00

Right. But uh before we get into the heavy stuff, let's do our Maryland Handbook Trivia and General Knowledge segment. We've got a run of 10 multiple choice questions for you.

SPEAKER_01

Yep. The run-of show is simple. We'll give you the hook, the question, your options, and then we'll give you a couple of seconds of thinking time before we reveal the answer.

SPEAKER_00

Get ready to play along. All right, question one. Let's look at a scenario with Owen in Colorado. Owen is figuring out his fees. Can he just charge whatever his clients agree to pay? Option A, yes, free market rules. Option B, no, he has to follow state fee caps.

SPEAKER_01

Hmm. What do you think? Lock in your answer.

SPEAKER_00

And answer is B. You've got to stick to those state fee caps no matter what.

SPEAKER_01

Exactly. All right. Question two. Bella in Michigan just passed her exam but is still waiting for her official commission paper in the mail. Can she start notarizing right now? A. Yes. B, no.

SPEAKER_00

Give it a second. Let's see if you know this one.

SPEAKER_01

The answer is B, no. You cannot perform acts until your commission is fully active and you have your supplies.

SPEAKER_00

Makes sense. Okay. Question three. Mason in Texas is doing his taxes. Are the fees he collects for actual notarial acts subject to self-employment tax? A. Yes. B, no.

SPEAKER_01

Tricky one. Think about the tax code here.

SPEAKER_00

The answer is B, no. Fees for the actual act are generally exempt from self-employment tax, though travel fees might be a different story.

SPEAKER_01

Right, gotta separate those out. Question four. Ruby in Georgia is at a signing. The client wants to pay her notary fee with a personal check. Can she accept it? A. Yes if she chooses to. B, no. Cash or card only.

SPEAKER_00

Taking a personal check? Uh that's a business decision.

SPEAKER_01

It is. So the answer is A. She can accept it, but she assumes the risk if it bounces.

SPEAKER_00

Good to know. Question five. Levi in Virginia is making great money as a mobile notary. Should he be setting aside a portion of his income for taxes throughout the year? A. Yes. B, no.

SPEAKER_01

Oh, I hope everybody gets this one.

SPEAKER_00

Yeah, the answer is definitely A. You are an independent contractor, so you've got to save for the tax man.

SPEAKER_01

Always. Okay, halfway done. Let's pivot to some Maryland-specific trivia. Question six. Under the new Maryland rules, what is the maximum fee a notary can charge for a remote online notarization, or R on AN, A$8. B$30.

SPEAKER_00

Think about that premium tech overhead.

SPEAKER_01

The answer is B$30.

SPEAKER_00

All right, question seven. In Maryland, how much can you charge for an original in-person notarial act as of early 2024? A$6. B,$8.

SPEAKER_01

This one changed recently.

SPEAKER_00

Yep. The answer is B,$8. They finally gave us a raise.

SPEAKER_01

Long overdue. Question eight, this is a big one. How long does a Maryland notary have to retain their journal after the last recorded act? A. Five years. B ten years.

SPEAKER_00

Oh, this is a hefty requirement. Think long term.

SPEAKER_01

The answer is B ten whole years.

SPEAKER_00

That's a decade of storage. Wow. Okay, question nine. To get your Maryland commission, you have to pass an exam. What is the minimum passing score? A. 70%. B 80%.

SPEAKER_01

They don't make it easy, folks.

SPEAKER_00

No, they don't. The answer is B, 80%.

SPEAKER_01

All right, last one. Question 10. When you apply to be a Maryland notary, whose desk does your application have to cross for an official endorsement? A, the local mayor. B, a Maryland state senator.

SPEAKER_00

That's a high level of vetting.

SPEAKER_01

It really is. The answer is B, your state senator.

SPEAKER_00

Awesome job if you got all 10. That was fun. Uh, we're gonna pause right here for a quick commercial break, but don't go anywhere. When we come back, we're diving deep into the actual Maryland laws and how this entire profession has changed.

SPEAKER_01

See you in a minute.

SPEAKER_00

And we are back. So we are looking at Maryland Code, specifically the state government article, Title 18, along with Comar regulations and the official handbook. Right. The mission today is to explore this massive evolution. I mean, when you picture the ultimate line of defense for your life savings, you probably think of a bank vault, right? Right. Or like a cybersecurity firewall. You don't usually picture someone sitting at a kitchen table with a rubber stamp.

SPEAKER_01

Yeah, exactly. We naturally gravitate toward engineered systems, you know, physical barriers, or digital encryption to keep bad actors out. The traditional image of a notary at a local shipping store just, well, it feels completely disconnected from high-stakes security.

SPEAKER_00

But the reality in Maryland now is entirely different. Rolona, the revised uniform law on notarial acts, fundamentally changed the landscape.

SPEAKER_01

It really did. That adoption went into full effect on October 1st, 2020. It shifted the state from this archaic paper reliance statute to a really comprehensive technology neutral framework.

SPEAKER_00

Technology neutral, I like that phrase.

SPEAKER_01

It's critical. It means the legislature didn't tie the law to, say, a specific software that would just be obsolete in five years. They built a flexible legal architecture. It can handle whatever secure electronic records the market comes up with.

SPEAKER_00

While also elevating the actual human being at the center of it all.

SPEAKER_01

Exactly.

SPEAKER_00

Because I mean the barrier to entry is massive now. Maryland explicitly calls notaries civil officers of the state. You are held to the exact same standards of public trust as appointed officials.

SPEAKER_01

Yeah, you can't just fill out a form and pay a fee anymore.

SPEAKER_00

Right. You have to take an approved course, pass that proctored exam we mentioned in the trivia with an 80% threshold. And your application literally has to be endorsed by a state senator.

SPEAKER_01

Which is fascinating. That senatorial approval anchors the notary right to the legislative branch. It forces local accountability. Because think about it, real estate fraud or forged powers of attorney, those are multi-million dollar crimes.

SPEAKER_00

They destroy families.

SPEAKER_01

They absolutely do. So the state is effectively deputizing these notaries. By requiring a senator to vouch for you, Maryland ensures you are thoroughly vetted.

SPEAKER_00

You know, it's funny, you don't even have to live in Maryland to get this authority. The sources say out-of-state residents can become Maryland notaries if they have a permanent job in the state, and their home state offers reciprocity.

SPEAKER_01

Which is just a really pragmatic move for the regional economy. Maryland shares poorest borders with DC, Virginia, Pennsylvania, Delaware. Thousands of professionals cross state lines every day.

SPEAKER_00

So true.

SPEAKER_01

You don't want commercial engines like closing a mortgage to just stall because a qualified paralegal happens to sleep in Virginia while working in Bethesda.

SPEAKER_00

That makes total sense. I like to think of this whole professional shift like upgrading from a basic flip phone to a modern smartphone.

SPEAKER_01

Oh, that's a great analogy.

SPEAKER_00

Yeah, the core function, like making a call or verifying a signature, is the same. But the underlying operating system and the capabilities are entirely different now.

SPEAKER_01

And with that upgrade comes a change in compensation. Effective January 22, 2024, the Secretary of State updated the fee structure.

SPEAKER_00

Right. Original acts went from$6 to$8.

SPEAKER_01

Yeah.

SPEAKER_00

And additional copies signed at the exact same time are$4 per signature.

SPEAKER_01

Plus, they fixed the travel fees. They tied them directly to the IRS business mileage rate, which is uh 70 cents per mile for 2025, plus a flat travel fee not to exceed$5.

SPEAKER_00

Tying it to the IRS rate is so smart.

SPEAKER_01

It's an elegant legislative trick. Instead of hard-coding a static dollar amount that just gets eaten by inflation, it dynamically adjusts to the actual cost of gas. No new laws required.

SPEAKER_00

But let me play devil's advocate for a second. An$8 fee doesn't sound like much, but then you look at remote online notarization or on in. That fee is capped at$30. Is that just inflation, or is there a deeper reason for that specific jump?

SPEAKER_01

It's an infrastructure subsidy, honestly. Paired with hazard pay.

SPEAKER_00

Hazard pay.

SPEAKER_01

Yeah. The fee structure has to reflect the liability the notary is taking on. To do a remote act, you can't just boot up Zoom or FaceTime. You are legally required to use specialized state-approved technology vendors.

SPEAKER_00

And those platforms are not free.

SPEAKER_01

Not at all. They charge monthly subscriptions and per transaction costs. You also have to buy a digital seal, maintain liability insurance, and fund your education. That thirty dollars ensures the notary can actually run a solvent business while paying for enterprise grade security.

SPEAKER_00

Speaking of liability, let's talk about the journal. Because if a commercial lease is disputed five years from now, the court doesn't ask for your rubber stamp. They subpoena your journal.

SPEAKER_01

It is the ultimate proof of your diligence. Maryland requires a perfectly chronological journal of all notarial acts, tangible or electronic.

SPEAKER_00

Every entry has to have the date, the time, a description of the record, the exact fee you charged, and the specific ID method you used.

SPEAKER_01

Logging the fee is crucial because it prevents price gouging and creates an auditable paper trail.

SPEAKER_00

But the retention mandate is what blows my mind. Ten years. You have to securely retain that journal, and for remote acts, the actual audio visual recording, for a full 10 years after the date of the last recorded act. Even if you quit. Right. The law explicitly says this applies, even if you resign, your commission expires, or it gets revoked. It's like having to keep every grocery receipt perfectly organized for a decade, just in case someone audits your diet. Why exactly 10 years?

SPEAKER_01

It aligns with the broader legal picture. A decade covers the vast majority of statutes of limitations for contract disputes and property claims.

SPEAKER_00

Oh, that makes sense.

SPEAKER_01

Yeah, think about a contested will. The challenge might not happen until years down the line, maybe after a key party passes away. The court needs absolute certainty. A secure record from ten years ago provides an objective baseline of truth long after human memories fade.

SPEAKER_00

But the logistics of that for an individual are overwhelming. Storing gigabytes of video for a decade requires serious IT infrastructure. How does an independent contractor guarantee that data security?

SPEAKER_01

Well, the state essentially forces reliance on those approved technology vendors. The software platforms have to have secure, compliant data archiving systems built right in.

SPEAKER_00

So the platform acts as the technical repository.

SPEAKER_01

Exactly. But remember, the ultimate legal responsibility always rests on the shoulders of the notary.

SPEAKER_00

Wow. And that journal is only as good as the ID data inside it. Maryland has three pillars of identification. First is personal knowledge. If you know the person well enough, no physical ID is needed.

SPEAKER_01

Aaron Powell Which is the historical gold standard, but you know, less common today.

SPEAKER_00

Aaron Ross Powell Right. The second is government-issued credentials, driver's license, passport. But the third one is fascinating the credible witness.

SPEAKER_01

Ah, yes.

SPEAKER_00

I like to call it the human ID card. If someone doesn't have an ID, a third party can swear an oath affirming the signer's identity. But here's my logistical question. If the credible witness is vouching for the signer who vouches for the credible witness, do you have to ID the human ID?

SPEAKER_01

You absolutely do. The notary must strictly identify that credible witness using personal knowledge or a valid government credential. The chain of trust has to remain unbroken.

SPEAKER_00

Otherwise, two fraudsters could just vouch for each other.

SPEAKER_01

Exactly. The witness also swears under penalty of perjury. So there are severe criminal consequences if they lie.

SPEAKER_00

That's intense. And there's another really interesting quirk in Maryland law regarding estates and trusts. Section 17110. For documents like a power of attorney, two witnesses are required. The notary can legally serve as the notary and as one of those two witnesses at the exact same time.

SPEAKER_01

It's a very rare dual capacity. You're executing two distinct legal functions on one document. You're verifying identity as a state officer and observing the act as a private witness.

SPEAKER_00

That would definitely streamline things in hospitals or assisted living facilities where it's hard to gather extra people.

SPEAKER_01

It does, but it also concentrates your liability. If the document is challenged, you're defending your actions in both capacities.

SPEAKER_00

Good point. Now, taking all this incredibly strict in-person verification and forcing it through a webcam introduces totally new hurdles. Which brings us to Ron.

SPEAKER_01

Remote online notarization. It is a permanent fixture in Maryland as of October 2020, not a temporary pandemic thing.

SPEAKER_00

And the technology is wild. It has to include credential analysis and identity proofing.

SPEAKER_01

Right, because through a screen, you can't physically inspect an ID card for tampering. Credential analysis mathematically analyzes the microprinting and holograms of an uploaded ID image.

SPEAKER_00

And identity proofing uses knowledge-based authentication, answering obscure questions pulled from decades of Credit Bureau data, questions about old vehicle loans or past addresses that only you would know.

SPEAKER_01

It's an automated forensic filter before the human interaction even starts.

SPEAKER_00

But here is a jurisdictional riddle for you. If a signer is sitting in a cafe in Paris, France, and the notary is at their kitchen table in Baltimore, whose laws actually apply to this digital handshake.

SPEAKER_01

Maryland law strictly governs it.

SPEAKER_00

Really? Even if they're in Paris.

SPEAKER_01

Yep. The jurisdictional rule is based on geographic anchoring. The signer can be anywhere on the planet, but the notary must be physically present within the borders of Maryland during the act.

SPEAKER_00

So the physical location of the notary projects the state's legal authority across the globe.

SPEAKER_01

Exactly. It anchors the digital transaction to Maryland's jurisdiction.

SPEAKER_00

That is just incredible. I mean, whether you're studying to become a notary, hiring one for a mortgage, or just signing an everyday affidavit, you really see now that the person across the table or the screen is a heavily regulated state officer. They are the ultimate line of defense against fraud.

SPEAKER_01

They really are. But I do have one final provocative thought for you to ponder.

SPEAKER_00

Let's hear it.

SPEAKER_01

We talked about RON platforms using technology to prevent fraud, but as artificial intelligence and deep fake video capabilities advance to the point where a digital face and voice are entirely indistinguishable from reality, how is the legal definition of personal presence and satisfactory evidence going to evolve in the next 10 years?

SPEAKER_00

Oh wow. That's a scary thought.

SPEAKER_01

Right. When a real-time deep fake can pass visual inspection and accurately answer credit history questions, will human notaries eventually find themselves managing AI-driven ID verifications? Or will the human element become more vital than ever?

SPEAKER_00

That is something we are all gonna have to watch closely. Well, that is all the time we have for today. Remember, you can email your questions to Derek at derekspraul.com. We will try to answer them as soon as possible at the end of our shows.

SPEAKER_01

Huge thanks to our amazing team. Our executive producer is Derek Spruel, lead writer is Marilyn Lee Trotter, graphics by Eddie Montez Travis, music by Thomas Bynum, and the show is produced by Magnificent Works Business Solutions.

SPEAKER_00

Don't just be listeners of the knowledge, be doers of the knowledge. This is notary knowledge. Until next time.

SPEAKER_03

Are you an aspiring notary looking to join millions of other notaries? Start your journey with the Notary Public Foundation by Derek Spool. This essential guide provides the step-by-step process to becoming commissioned in your state. Don't stumble into the role. Walk into it with confidence. Grab your copy of the Notary Public Foundation by Derek Spoiler on Amazon today.