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October 4, 2019

Is it practicing law to explain a notary act?

Filed under: Technical & Legal — admin @ 11:19 pm

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

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