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December 6, 2017

The signer claimed they never signed the Deed

Filed under: Popular on Linked In,Technical & Legal — admin @ 1:18 am

If you went to someone’s house to notarize a letter that says that little Tommy cannot go to school today and also notarize a Deed for the same person — most Notaries put the two documents in the same journal entry. If the signer only signs once, you don’t know which document they signed for and you cannot prove which document they signed for in court with any probability.

The signer could say, “I never had that notarized, I must have been forged.” or “I signed the document, but I never requested to have it Notarized. The Notary must have seen it on the table and attached an Acknowledgment without my knowing — after all, I didn’t sign for it in the journal.”

I have only heard of a case like this once where the signer claimed not to have signed anything and the Notary had to go to court. But, a signer or borrower could claim not to have signed more than one of the documents if you keep your journal using the multiple documents per journal entry system.

Additionally, the Lender could be accused of adding extra documents with extra terms to a loan signing that were added after the signing to the journal. Using the multiple documents per journal entry system of journal filling it looks very suspicious. Eventually you could get nailed.

So, play it safe and do one journal entry per person per document. Two signers each signing twelve notarized documents = 24 journal entries and yes, you will have to buy a new journal every several weeks and no, it is not that expensive and yes it is necessary.


You might also like:

An absurd forgery of my notarization

A forged document vs. a forged notary seal

Compilation of posts about notary fraud



  1. As I have stated in other articles related to one document/person/document, it doesn’t prevent the correction of the document title in the journal with another (with the notary initialing the change). Not sure if that scenario has ever been legally tested.

    On loan signing appointments, the set of documents (and which ones are notarized) are well documented in the file, and part of the closing conditions document always list the documents which are included in the package and which ones are notarized. There is ample alternate proof of which documents were actually notarized. I guess in the rare case of a signer bringing deeds directly (without an escrow/title company involved) to the notary for signing, I guess that’s one case where I agree, mostly since there rarely are other documents to be notarized in this scenario.

    Comment by BobH — June 15, 2018 @ 6:07 pm

  2. most Notaries put the two documents in the same journal entry. Really? Amazing. Hawaii requires that we record each notarial at at length in our journals. The would also say that duplicate originals must each have a separate journal entry. I personally don’t see the rational for that. On the other hand, they disclaim that they can interpret the law for us so… What are your thoughts about duplicate originals being reflected in one journal entry with the notation of how many duplicate originals were notarized. I have even thought of putting, in the notarial certificate, itself, Original 1 of 3, 2 of 3, 3 or 3, etc.

    Comment by Cheryl — February 1, 2019 @ 11:57 pm

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