Many Notaries think they are practicing law by explaining a notary act. Notaries are not allowed to choose a notary act on behalf of a client, but can they explain the requirements?
As a Notary, you have to have a signer sign in your physical presence for a Jurat, but not for an Acknowledgment (except in a few underpopulated states). So, are you practicing UPL or engaged in the unauthorized practice of law by explaining that distinction to a client?
For an Acknowledgment you do not have to sign in front of the Notary, although many lenders require the signer to do so. Is it UPL to explain that too?
Is it UPL to word an Oath for a client for their Affidavit? You kind of have to do that otherwise you cannot administer an Oath or Affirmation.
The fact is that your state authorizes you to do Notary work and perhaps even tests you on it. You are authorized do do all aspects of Notary work by law. You are not authorized to explain Mortgage documents but notary procedures are NOT Mortgage documents although they might be done to Mortgage documents.
How do you deal with this quandary?
You might also like:
Unauthorized practice of law in the notary industry
http://blog.123notary.com/?p=21317
30 Point Course – what to explain and what not to
http://blog.123notary.com/?p=14440
Sorry, I disagre.
If it is a affidavit, or states something that is equivalent to a statement of truth or fact of a signen, then it is VERY PERTINENT FOR NOTARY TO ASK the CLIENT , Are you telling the truth? YES / NO. THis is not practice of law. This is JUST F*(&&ng commonsense.
Then a sworn affidavit language is inserted, if none exists. This is Not rocket science and we don’t need attorney to tell us what our license entitles us to do and miscontrue as notorial act as practice of law. We need to stand up to practice our license in a smooth manner , without other entities challenging it. If need and if explicitly prohibited by law in language ( not intrepretative) .. That such language prohibiting notary to insert a “sworn to by ____________________ on Date <<<<<<<>>>>>” needs be challenged to allow notary to choose that wording.
If it is a simple signature and they want notarize it, it is downright stupid and ridiculous to tell them to go to an attorney to get a notary acknowledgement inserted. Many state licensing departments have such languages and allow notary to choose those words and copy and paste, ( whether it is acknowledgement or sworn affidavit)
If you still insist that is ambit of attorneys only, that that needs to challenged.
The problems lie that there is not quality control as to how state issues notary licenses and people with a 40 IQ can also get notary license.
So this attorneys try to make a mountain out of a mole hill, create a storm in a tea cup and plenty of other adages to supplement this.
Comment by Notaries Go — November 9, 2019 @ 7:10 pm