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November 15, 2024

How to Properly Notarize Multi-Page Documents

Filed under: Notary Public 101 — Tags: — Tom Wilkins @ 12:00 am

Dealing with multi-page documents can be daunting for homeowners and business owners, especially when notarization is required. Knowing how to properly notarize multi-page documents for legal compliance can save you time, prevent delays, and protect you from legal issues. This guide will walk you through the essential steps to ensure accurate and legally compliant notarization every time.

Why Proper Notarization Matters?

Notarizing multi-page documents is more than just applying a stamp. It involves verifying signatures, ensuring completeness, and confirming the legal authenticity of the entire document. Mistakes, such as missing pages or incorrect certificates, can lead to rejected documents, wasted time, and potential legal disputes. Understanding how to properly notarize multi-page documents for legal compliance is essential for avoiding these problems.

Step 1: Review the Entire Document Thoroughly

Before you begin notarizing, review the entire document to ensure it is complete.

Check for Missing Pages

Ensure that all pages are present and in the correct order. Missing or misplaced pages can ensure the document is valid. Pay close attention to any missing sections that could be filled in later without your oversight.

Look for Blank Spaces

Verify that the document is free of blank spaces. Blank spaces could be altered after notarization, potentially leading to fraud or disputes. Ask the signer to fill in any blank fields or cross them out if they are intentionally left blank.

Step 2: Use Notary Certificates Properly

Usually, the notary certificate is on the last page of a multi-page document. However, this isn’t always the case; additional steps may be needed.

Attach a Loose Certificate When Necessary

If the document doesn’t have a built-in notary certificate, attach a loose certificate. Based on the requirements, choose the appropriate type, such as an acknowledgment or a jurat. Complete the certificate, including your signature and seal, and reference the document.

Number the Pages

Add page numbers to the entire document manually or with a page-numbering stamp. Noting “Page X of Y” helps verify the document’s completion and prevents pages from being altered or removed later.

Step 3: Verify the Signer’s Identity and Signatures

One of the most crucial steps in properly notarizing multi-page documents for legal compliance is confirming the signer’s identity. This process is essential for maintaining the integrity of the notarization.

Check Identification

Examine the signer’s government-issued ID to verify their identity. Make sure the name on the ID matches the name on the document. If there are multiple signers, repeat this process for each person.

Ask the Signer to Initial Each Page

Have the signer initial every page of the document. This practice helps confirm that each page is part of the original document. Initialing reduces the risk of tampering or page substitution.

Step 4: Apply Your Notary Seal Correctly

The notary seal is critical to the notarization process, especially for multi-page documents. An improperly applied seal can invalidate the notarization.

Placement of the Notary Seal

Place the seal near your signature on the notary certificate. Make sure it is clear and legible. If space is tight, use an embosser seal instead to avoid covering important text.

Double-Check Seal Details

Ensure the seal includes your name, commission number, and expiration date. For the notarization to be valid, all details must be visible. Double-check the seal’s clarity before completing the process.

Final Review and Completion

After applying the seal, conduct a final review of the entire document. Check again for missing initials, blank spaces, or incorrect details. This final step can save you from having to redo the notarization.

Ensure Legal Compliance with Every Step

Properly notarizing multi-page documents is vital for maintaining their legal integrity. By following the steps to properly notarize multi-page documents for legal compliance, you can avoid common errors and provide a reliable service to your clients. From reviewing each page thoroughly to applying the notary seal correctly, your attention to detail ensures the document’s authenticity. For more expert advice on enhancing your notary practice, please look at our social media tips for notaries.

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November 8, 2024

Notarizing Documents with Multiple Signatures

Filed under: Best Practices — Tags: — Tom Wilkins @ 12:00 am

Notarizing documents with multiple signatures requires careful handling to ensure accuracy and compliance. Whether you’re a homeowner managing real estate paperwork or a business owner overseeing contracts, notarizing documents correctly is essential to avoid legal issues. This article covers the best practices for notarizing documents with multiple signatures correctly, helping you achieve a smooth, error-free process for all parties involved.

Know Your Document and Its Requirements

  1. Confirm Each Signer’s Intent

Each signer should understand the document’s purpose and agree to sign willingly. In documents with multiple signatures, notaries must confirm each individual’s intent to sign, ensuring there are no misunderstandings. This verification step safeguards against future disputes, establishing that all parties know their role in the agreement.

  1. Verify Identification for Each Signer

Proper identification is vital for each signer. As a best practice for notarizing documents with multiple signatures correctly, each signer’s identity should be verified with a valid, government-issued ID, such as a driver’s license or passport. Recording this information in your notarial journal provides an additional layer of security and documentation.

Organize the Signing Process

  1. Schedule a Group Signing, if Possible

If all signers can attend the appointment together, the process is often smoother, and any questions can be addressed directly. However, if this is not feasible, each signer must appear individually before the notary, with each signing logged as a separate entry.

  1. Ensure Documents Are Complete

Before signatures are added, review the document to make sure there are no blank spaces where information could be added later. Signers should initial any changes during the session to prevent alterations after notarization, ensuring the document remains accurate and reliable.

Document Each Signature Separately

  1. Maintain a Detailed Notary Journal

A well-kept notary journal is essential for multi-signature documents. Each signature should be documented separately with details like the signer’s name, the type of document, the date, and any identification details. This practice provides a comprehensive record, offering protection in case of disputes and showcasing high professionalism.

  1. Optional: Keep Copies of Signed Pages

Though optional, making copies of signed pages before returning the document can be beneficial for record-keeping, mainly if questions arise later. Always request permission before making copies, as some documents contain sensitive information.

Address Special Situations

  1. Multiple Notarizations for Different Sections

Some multi-signature documents, such as affidavits in real estate agreements, may require separate notarizations for different sections. Confirm the document’s notarization requirements in advance to ensure all necessary sections are handled appropriately.

  1. Remote and International Signers

If any signers are out-of-state or international, understand your jurisdiction’s guidelines for remote notarization or any special requirements for foreign signers. Verifying these steps prevents delays and ensures compliance with all necessary protocols.

Prioritize Accuracy in Multi-Signature Notarizations

Handling documents with multiple signatures requires a structured approach. By verifying each signer, managing the signing process efficiently, and keeping thorough records, notaries can follow best practices for notarizing documents with multiple signatures correctly, ensuring a reliable and legally compliant result. For more professional tips, check out our article on the notary dress code to make a great impression at every appointment.

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October 4, 2024

Rules for Notarizing Documents for Bedridden Persons

Filed under: (2) Technical and Legal — Tags: — Tom Wilkins @ 4:38 pm

Notarizing important documents when individuals are bedridden can present unique challenges. Mobile notaries must be familiar with the legal requirements and rules for notarizing documents for bedridden persons to ensure the process is smooth and compliant. This guide will outline key regulations to provide a stress-free, legally valid notarization experience.

Understanding the Situation

Before starting the notarization process, mobile notaries must assess the bedridden individual’s condition. Bedridden signers may have difficulties with mobility, communication, or even physical signing, requiring the notary to approach the situation with sensitivity while adhering to legal standards.

Rule 1: Verify the Individual’s Identity

  1. Importance of Proper Identification

Verifying the signer’s identity is essential. Bedridden individuals must provide valid government-issued photo identification, like a driver’s license or passport. If such identification is unavailable, alternative verification methods like credible witnesses can be used.

  1. Using Credible Witnesses

Credible witnesses are an alternative if bedridden individuals lack current identification. Most states allow two witnesses who know the signer but are uninvolved in the transaction to verify identity. This rule is beneficial for bedridden individuals who may not have updated IDs.

Rule 2: Confirm the Signer’s Willingness and Awareness

  1. Ensuring Mental Competence

The notary must confirm that the bedridden individual is fully aware of the document they are signing and is willing to do so. It’s crucial to ask questions to verify the signer understands the document’s nature and isn’t under pressure.

  1. Avoiding Coercion

Notaries should be alert for signs of coercion and halt the process if the bedridden person seems pressured to sign. Ensuring the signer is free from external influence is a key responsibility of the notary.

Rule 3: Accommodating Physical Limitations

  1. Signature by Mark or Direction

Bedridden individuals who cannot physically sign can use a “signature by mark,” such as an X, or direct another person to sign for them. The notary must witness this, and the process should be documented according to state regulations.

  1. Use of Assistive Devices

If bedridden individuals use assistive devices to sign, the notary must confirm they are doing so independently. Witnessing this act is necessary to ensure the validity of the notarization.

Rule 4: Comply with State Laws on Remote and In-Person Notarizations

  1. Remote Online Notarization (RON)

Some states allow Remote Online Notarization (RON), which lets notaries conduct video notifications. This can be an accessible option for bedridden individuals, but mobile notaries must ensure they follow local laws regarding RON.

  1. In-Person Notarization Requirements

In states that require in-person notarization, notaries must travel to the bedridden individual’s location. Mobile notaries should be prepared for this, ensuring all necessary supplies are available for an on-site notarization.

Adhering to Proper Notarization Procedures

Notarizing documents for bedridden individuals involves extra care, but following the legal requirements and rules for notarizing documents for bedridden persons ensures a smooth, valid process. Notaries must verify identity, confirm awareness, accommodate physical limitations, and comply with state laws. For business owners and homeowners, staying organized and keeping track of business expenses ensures smoother transactions.

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October 29, 2020

What documents can I notarize?

Filed under: Other Guest Bloggers — admin @ 8:52 am

What documents should I NOT notarize? (better idea for a title)

This is written about frequently but it does require repetition given the penalties associated with it and the # of requests received for unauthorized notarizations.

WILLS – Unless prepared or directed by an attorney, wills are generally witnessed by two disinterested independent third parties.

VITAL DOCUMENTS – Birth and Death Certificates and Marriage Certificates. The Secretary of State has specific laws preventing public Notaries from notarizing vital documents primarily because the Notary cannot verify the validity or authenticity of such a document. In cases such as this, the Notary needs to refer the client over to the agency who issued the document which in many cases is the County Recorder.

INCOMPLETE DOCUMENTS – A notary should not complete any documents that are fully completed at the time of notarization.

DOCUMENTS WHERE NOTARY IS AWARE THERE IS FALSE INFORMATION IN THE DOCUMENT – If you overhear conversation between people talking about the false information contained in the document they are signing, don’t notarize it. If you suspect that the person signing appears to be overly nervous or if it looks like someone else with a beneficial interest is forcing the person to sign the document, don’t notarize it. Always remember that the signer must sign the document willingly and present proper identification and must be able to communicate with the notary.

PERSON SIGNING CANNOT UNDERSTAND THE LANGUAGE IN WHICH THE NOTARY IS SPEAKING. You cannot use an interpreter because you don’t know what is being translated and if the translator has an interest in the transaction. Do not confuse this with notarizing a document in a Foreign Language. You can always notarize a foreign language document and don’t need to speak that language as long as the person signing can communicate with you in English or another common language in which both the notary and the signer can communicate.

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October 13, 2017

Notary Public 101 — Identification

Filed under: Comprehensive Guides,Identification For Being Notarized,Loan Signing 101,Popular on Facebook (A little),Popular Overall — Tags: , , , — admin @ 2:00 am

Return to table of contents for Notary Public 101.

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IDENTIFICATION

As a Notary Public, the most important thing you do is to identify a signer. Different states have different rules for what identification document you can use and how someone is to be identified. If a Notary fails to do a good job identifying a signer, that Notary can quickly end up in court as a witness or defendant. In my opinion if you don’t do a good job identifying signers, you might as well not be a Notary Public.

Identification Documents & Characteristics
Commonly accepted ID’s include passports, driver’s licenses, state issued ID cards, military ID’s. Green cards (permanent resident cards) are not necessarily allowed, so look that one up in your handbook. As a rule, an acceptable ID must be:

Current — (there are exceptions in California, Tennessee and perhaps other states that allow the ID to be issued within five years even if it is expired.)

Government Issued — Some Notaries think that a signature affidavit or gas bill is a good secondary form of ID, but those are not government issued and you don’t know what the source of the information for the names on them are.

Photo ID — An acceptable ID should have a photo. I do not think that many states allow social security cards as secondary identifications. However, you can look that up in your handbook.

Physical Description — the ID would say your height, eye color, etc.

Serial Number — the ID should have a number such as A58362D.

Expiration Date — the ID should have an expiration date somewhere. Normally there is an issue date as well somewhere.

Signature — the signature on the ID is important because you will need to compare that to the one in your journal and on the document made by the same person.

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THE NAME ON THE ID

Different states have different rules for what the name on the ID should say relative to the name on the document. Some states do not require the names to match. Others require that the Notary be reasonably sure that the person in the ID and the person on the document are the same person. Reasonably sure is a wishy-washy term. You can never be 100% sure it is the same person because ID’s can be falsified and there could be multiple people with the same name as well as multiple people who look similar to each other. Identifying humans is easier than identifying squirrels, but there can still be confusion. The name on the document’s signature must be provable to the name on the ID, otherwise it would be questionable and risky to notarize that signature.

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PROCEDURE

When you do a Notary act, you ask for the signer’s identification. You record that information in your journal and you keep a journal whether your state requires it or not as that is your only evidence in court. You compare the name on the ID to the name on the document. If the name on the document is not provable based on the ID then you are advised to decline the notarization, especially if it is for a Deed. Here is a summary of the ID and acknowledgment notarization process.

(1) Ask for ID.
(2) Record ID information in journal
(3) Have signer(s) sign your journal and the document(s)
(4) Compare the name in the document to the name on the ID. Make sure the name on the document is provable based on the ID.
(5) Make sure the signature in the journal, document and ID all match.
(6) Fill out the certificate, sign and seal.

Examples of provability in ID
ID says John Smith — document says John W Smith…. name is NOT provable.
ID says John W Smith — document says John W Smith… name is provable
ID says John William Smith — document says John W Smith… name is provable based on the ID.

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FAKE ID

Keep an eye out for fake ID’s. There are guide books that can yelp you identify a false identification. If there is peeling lamination or the signature is above the lamination then it is fake. You can ask the signer what his sign is or what his birthday or height is. If he does not know his sign or birthday based on the ID, then his ID is fake. If he does know his sign that is great, but does not prove the ID is real.

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THUMBPRINTS

If you value your life, ask for journal thumbprints. They can keep you out of court. People might complain about being asked to be thumbprinted as it can seem like an invasion of privacy and a hassle — but a thumbprint is the only way an investigative agency can have a paper trail leading to an arrest of an identity thief. Thumbprints are the only unique form of identification a Notary can use at this point in time. No two thumbprints are alike, and they cannot be forged at a Notary appointment unless they wear a latex thumbprint on their thumb which would be easily detectable.

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http://blog.123notary.com/?p=22120

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February 17, 2013

Identification requirements for being notarized

Filed under: Identification For Being Notarized,Popular on Linked In,Popular on Twitter 2013,Posts With Many Comments — Tags: , — admin @ 9:05 am

Do you need to see a notary public sometime soon? Are you going to get some critical documents notarized? Don’t be afraid, this is easy! However, there are a few things that you must know.

(1) The notary public is required by law to check your identification. Certain types of identification are generally acceptable such as current driver’s licenses, state issued identification cards, passports,etc. As a general rule, if an identification is a current government issued photo-ID with a physical description, signature, and serial number, it should be good for a notary public to use. Make sure that your signature on the identification matches the one that you use on the document.

(2) Your name on the document must match the name on the identification. However, if your name on the document is shorter than the name on the identification, that is fine. If your ID says John J Smith, and on the document, you are named as John Smith, you are okay. If the name on the document is longer than the name in the identification, the notary public can not legally notarize that longer name variation.

(3) Some states require the notary public to thumbprint you for Deeds affecting real property and Powers of Attorney. It is painless (when I do it).

(4) The notary can not legally choose the type of notarization for you to get. Please have your decisions of whether to get an Oath, Acknowledgment, Jurat, or something else worked out before you see your notary.

(5) Most states require the document signer to sign the notary’s journal as well as signing the document. The notary should also record your identification information in their journal.

(6) Jurats require the signer to swear under oath. Please be cooperative about raising your right hand when you swear under oath.

(7) Mobile notaries charge a travel fee, and can charge waiting fees if you keep them waiting. Please be on time and respect their time and fees. 123notary.com specializes in mobile notaries.

(8) If the signer doesn’t have acceptable identification, please consult an attorney. Please be aware that inmates in jail do not have identification on their person other than their wristbands which is completely unacceptable as notary identification.

Good luck, and find a great notary public on 123notary.com!!!

Tweets:
(1) Your name on the document must match your name on the identification when notarized.
(2) Acceptable notary identification must be government issued, photo, serial #, exp. date, etc.

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Notary Public 101 – Identification
http://blog.123notary.com/?p=19507

Signature Name Affidavit: Not a substitute for an ID
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When ID and documents have different names
http://blog.123notary.com/?p=230

What’s your sign?
http://blog.123notary.com/?p=19638

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December 13, 2011

Can a notary help draft documents?

Filed under: Legal Issues — Tags: , , — admin @ 12:01 am

Can a notary public help drafting documents?
 
Notaries are discouraged from engaging in the unauthorized practice of law. The definition of unauthorized practice of law differs from state to state.  However, as a general rule, assisting someone in drafting a document that will be used in court, or submitted to a judge, or used for any legal purpose would be unauthorized practice of law, or giving legal advice. A Florida notary should not draft any type of document for any client, whether the document is of a legal nature or not because rules are tighter there.  New York notaries should be on guard too as standards for unauthorized practice of law are enforced more stringently there. 
 
But, my client needs my help drafting this document
You need to tell the client that it is up to them and their attorney to draft their document, or to fill out their power of attorney form.  There are standardized power of attorney forms that are sold in office supply stores.  Notaries should not notarize a document with blanks in it, however, they should also not assist in filling in those blanks or even putting lines through the blanks.
 
What if I arrive at a job and the document hasn’t been written yet?
If you are a MOBILE NOTARY and you travel to homes, businesses, hospitals, etc., it is up to you to double check with your clients to make sure they have their documents all filled out and ready. You should make sure their identification is ready too.  Most states require identification not only for Acknowledgments, but also for Jurats too!  Don’t get in your car until the documents and identification documents are all in order. 
 
Can a notary witness a signature on draft documents?
A notary can witness a signature on any document if you like.  However, if you have a notary notarize a document which is going to have a new draft printed out after the fact, the NEW version of the document would have to be notarized all over again if it is to be notarized.  You can not change wording or pages in a document which has already been notarized.

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November 18, 2011

Notarizing multi-page documents

Filed under: Loan Signing 101,SEO,Signing Tips,Ultra-Popular — Tags: , , , , , , , , , — admin @ 12:32 am

Issues with Notarizing Multipage Documents / Documents with multiple pages
 
Most notaries can barely function doing the simplest of simple notary jobs.  When confronted with anything harder than doing a simple Acknowledgment or Jurat signing where the signer has acceptable identification and can easily sign — will throw most notaries off guard. There are many situations where you need credible witnesses, subscribing witnesses, have a power of attorney signing, attorney in fact signing, or other issue which can become a snag to many notaries.  Multi-page documents (documents with multiple pages) seem easy to notarize, but are they really? There are issues, but is the notary you erroneously hired aware of these issues?
 
Page swapping after the fact
Most notaries think they are there to notarize signatures on documents, and that is it.  The bigger function of a notary is fraud deterance, and to identify the signer.  If a notary does the minimum of what their job description requires, they might be acting within the law, but are they really being helpful to their clients, or to society as a whole?  If a notary notarizes a ten page document or multiple page document, and the document custodian (whomever is in charge of the document after it is signed) decides that page four needs to be edited, then what? 
 
In some circumstances a corrupted signer or document custodian will substitute page four with a newly written page four.  He/she/they will unstaple the document, hopefully as cleanly as possible, remove page four, and add another very similar looking page four, and hope nobody notices.  If there are two signers to the document and both have a copy, then there is evidence of tampering, but what if you don’t have copies, or you lost your copies.  There is no way to prove that the document was tampered with other than the faulty looking stapling job which would make any judge say, “hmmmm” and raise his eyebrows (judges often have bushy eyebrows by the way).  
 
Should you have the notary come back?
One signer asked me to kindly give them a new notary certificate for the new page they were adding to an already notarized document. I told them that documents are notarized as a whole and that if you change even one word, that the whole thing needs to be re-notarized.  They didn’t like that since they had already paid a travel fee. I made them redraw the signature page too, since I wanted fresh signatures which reflected the fact that they were signing in agreement to the whole document.  All of my prudent behavior aroused tremendous resistance, “oh come on’s”, and other complaining. The law is the law.  If you want to screw around, you shouldn’t be hiring a notary in the first place, right?  So, I made them start all over again with a complete redraw despite their complaining, and we notarized everything, and it was kosher.
 
Safeguards against fraud
In the case of multipage documents, the most effective way to safeguard against fraud (page-switching) is to emboss all pages of every document notarize.  If someone protests your embossing, tell them that you don’t have TIME to go to court after they do something fraudulent with their document, therefor, you take precautions against any tampering by embossing every page.  It is hard to forge an embosser, and hard to use it in the same way a notary uses it.  It might be easy to spot a false notarization which is important to get you out of court fast.  Imagine how many hundreds you would lose every day you were hijacked by a court case!
 
Initialing changes?
Initialing is a technology that I don’t like much.  If someone adds a new page to a multipage document, the initials “prove” that all signers agree to it, and safeguard against page-switching after the fact.  But, initials lack the same characteristics as a well established signature.  People don’t initial that much, and it is easy to forge them without detection. I think that initialing is better than nothing, but a poor safeguard against fraud.  I feel that if a signer gives a thumbprint on all pages of a document, that is much harder to forge.  I see no harm in signing all pages of a document. That is better than initialing since a signature is usually consistant (more or less) each time you sign.  Initials might not be, and it is yet another mark with it’s own characteristics.
 
Notarizing multiple pages without initials?
Not all multiple page documents require initials.  It is up to the company who drew the documents if they want initials or not. There is no law requiring that documents have initials, but Deeds of Trusts and Mortgages normally have places for the borrowers to initial at the bottom of all pages.
 
Forging initials
It is common for Title companies to forge someone’s initials on Deeds if the signer forgets to initial.  Forged initials on date changes are common as well.  Illegally forging someone’s initials on a name change happens all the time.  It is very hard to know for sure if an initial is forged, but the people who illegally forge signatures, are usually overworked clerks in large companies who have very little time — and they are sloppy how they forge initials. The forged initials don’t look at all like the real ones.  These workers need to know that they might have to go to jail for a crime like forgery, so they should refuse to do it!

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November 10, 2011

Notary Procedure for Affidavit of Support Documents

Filed under: Affidavits,SEO,Technical & Legal — Tags: , , , — admin @ 9:05 am

Affidavit of Support and the Notary Procedure
 
Notaries who are not immigration experts are strictly forbidden from giving any type of advice regarding immigration.  However, it is common for individuals going through the immigration process to have documents that need to be notarized by a state commissioned notary public.  The Affidavit of Support is the most commonly notarized immigration document.  Any currently commissioned notary with jurisdiction in your state can notarize your signature on that document. There is no such thing as an Immigration notary, or Immigration notariation, but any notary can notarize signatures on basic immigration documents.
 
How do I get an Affidavit of Support notarized?
Just for the record, you get a signature notarized, not a document.  Affidavits of support typically require a Jurat certificate or the type of notarization known as a Jurat.  This requires a quick oath to be given to the signer by the notary public.  The oath only takes half a minute.  The notary would need to check the identification of the signer (this applies to most states).  The notary public would record the identification document’s information in their journal (most states require a journal). 
 
Identification
The ID could be a current drivers license, passport, state ID card.  The ID should be a current government issued photo ID with a physical description and signature.  Green cards are typically not allowed as identification to be notarized.  Foreign driver’s licenses are generally okay, and passports are acceptable.  Make sure to check with the notary you are going to use to see if your choice of identification will be okay.  Make sure your identification is not expired.  Some notaries will allow the use of credible witnesses as well.
 
The Oath
Have you ever sworn under oath before?  Its easy. Just raise your right hand and say, “I do”. It’s the notary’s job to ask you to raise your right hand, and its their job to create some wording for the oath too.  They might say, “Do you solemnly swear that the contents of this document are true and correct and that you agree to and will abide by the conditions in this document?”.  Just don’t mumble when being given the oath.  Speak clearly please.
 
No English? 
If the signer doesn’t speak English, most states do NOT allow the use of a translator.  The signer must be able to speak directly with the notary public.  So, for example, if the signer speaks Spanish, just find a bilingual notary public who knows enough Spanish to be able to converse with the signer about the document and the signing. The bilingual notary doesn’t have to speak the language perfectly, but enough to communicate adequantely with the signer.
 
Immigration Advice
Do NOT ask a notary public for immigration advice, unless they have evidence that they are an immigration professional in some official capacity. Notaries are not allowed to give any type of legal advice.  Additionally, notaries can not draft legal documents, although many states allow them to draft less formal documents.
 
Where do I find a notary?
You can find a mobile notary on www.123notary.com, and there are bilingual notaries speaking almost every language on the planet from Arabic to Zulu.  Spanish is by far the most common foreign language for notaries to speak, but 123notary has many who speak all other types of languages.  If you want to find a notary office, try your local UPS store. They can be found on google.

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November 13, 2020

Penalties for Notary misconduct, fraud, and failure of duty

Filed under: Notary Mistakes — Tags: , , — admin @ 11:23 am

Originally posted in 2018

Notaries by and large do not willfully engage in any type of illegal activity or illegal notarizations. The normal types of crimes Notaries commit are due to complete ignorance of Notary procedure, Oaths, and certificates. The only serious and purposeful crime I have ever heard of a Notary associated with us committing was one that assisted someone in fraud concerning real property — and the Notary ended up in jail. Please keep in mind that Notary law is different in every state and changes all the time as well. Penalties and fines for Notary misconduct are different in each state, California being the most stringent.

Negligent vs. Willful Misconduct

In California, the penalties are much more severe for Notaries who have engaged in willful misconduct rather than just making a careless mistake or omission.

Failure to keep your seal & journal under lock and key.
In California this is very serious and is a crime. You can keep your Notary equipment in a bag with a small lock that locks the zippers together. If you are the only one with access to your car, then the trunk of your car could work as well.

Unauthorized Practice of Law
The definition of UPL differs from state to state. However, offering opinions on legal matters or offering to draft legal documents might constitute UPL. For a professional opinion — ask an Attorney!

Asking a notary to do an improper notarization.
This is a misdemeanor in California. If it involves real property, then it is much more serious. Clients might ask you to notarize their signature using a different name variation that is not documented on their identification, or put a false date. This is illegal. They would guilty for asking you to do this, and you would be guilty if you give in to their pressure. If you have driven forty minutes to a signing job, in a sense you have a beneficial interest in notarizing their document unless you have gotten your travel fee up front when you walk in the door. So, to be prudent and avoid this issue, you MUST get your travel fee BEFORE you see the document, or are informed who the signers are, or see their ID, because a conflict of interest can easily happen. If someone asks you to do something illegal, you can threaten to report them to the Secretary of State’s office. This is a serious crime and you should treat it as such.

Issuing a false certificate
A notary who signs and seals false certificates, and this could include backdated certificates would be guilty of a misdemeanor. A false Acknowledgment certificate constitutes FORGERY. Additionally, the notary public could have their commission revoked if found guilty of this crime, with an additional fine of $1500 per incident in California (fines change over time so look this up in the statues).

Failure to Identify a Credible Witness
A fine of $10,000 per incident could occur if a notary fails to check a credible witness’s identification documents and see that they have acceptable identification.

Failure to get a thumbprint!!!
This is my favorite. Thumbprints are critical for identifying a signer if fraud is suspected. Powers of Attorney and Deeds require a journal thumbprint in California. A fine of up to $2500 per incident would be the penalty. Most other states do not require thumbprints, and Texas and Florida actually recommend against thumbprinting as those states do not trust Notaries with biometric data which is the only foolproof way to identify a signer. How ironic!

Failure to administer an Oath
A fine of $750 per incident could be incurred, not to mention revocation, or suspension of a notary commission, or refusal to grant a commission. I heard that some Notaries in Oklahoma had to go to court for a loan document signing in question. The Judge found out that the Notaries had not administered Oaths on the Affidavits in the loan package. I heard that the Judge overturned the loan and had the Notaries commissions permanently revoked by their state.

Felony Convictions
If you have a felony conviction or have been convicted of a crime involving dishonesty or moral turpitude, you will most likely not be allowed to get a notary commission in the first place. If you already had a notary commission, it would be suspended or revoked the minute your state’s ntoary division finds out about it!

Professional Misconduct
This refers to dishonesty in your professional activities. The penalty would once again be suspension, revocation, or refusal to grant a notary commission.

Failure of Duty
This means that you refuse to serve a member of the public who has a legitimate request for a notarization. However, if the signer doesn’t have proper identification, or doesn’t have a properly filled out document, or seems very questionable, you have the right to refuse service to such a client. The penalty would be refusal to grant a notary commission, suspension, or revocation of a notary commission. Additionally a fine of $750 could be imposed on the California notary public.

Falsely Acting as a Notary
This is a misdemeanor. Borrowing someone’s Notary seal and doing Notary work is a serious crime. If you are a Notary, keep your seal and journal locked up.

Making false statements to a notary
Anyone who induces a notary to make an improper notarization with regards to real property can be found guilty of a FELONY. This is the most serious type of fraud possible in the notary profession.

False or misleading notary advertising
Making false statements in notary advertising is illegal, and the penalty for a California Notary is $1500 per incident. Additionally, such a notary’s commission could be suspended, revoked, terminated, or there could be a refusal to issue a commission. Claiming to be an immigration expert, or be able to give legal advice could be a serious example of false advertising and perhaps unauthorized practice of law.

Selling personal information
It is illegal for the notary sells or misuses personal information of those he/she has notarized. Remember to keep your journals locked up, so that nobody can have access to that information. When making copies of journal entries, make sure that the neighboring journal entries are covered, so that their information is not shared with the public. Once again, your application could be denied, or your commission could be revoked or suspended for this type of crime.

Misstatements on a notary application (Application misstatement)
Your notary commission could be suspended, revoked, or refused if you are guilty of this misconduct

Here are some other crimes… I will just list them here, but may or may not describe the penalties.

Failure to deliver a journal to the county clerk at the end of your commission. – misdemeanor
Failure to safeguard seal and journal – revoke/suspend/refuse
Failure to report a lost or damaged seal – $1500 fine
Nonpayment of judgement / Refusal to pay child support – refusal to issue a commission
Failure to keep a journal – such notaries will be prosecuted

There are a few others laws that I am not going to mention, but these were the interesting ones…

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Notary loses $4000 in legal fees because fraud adds name to Acknowledgment certificate.

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