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September 25, 2018

Penalties for Notary misconduct, fraud, and failure of duty

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

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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A Notary loses $4000 in legal fees because someone changed a name on a certificate

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

All you need to know about notary work

All you need to know about notary work

How to complain about a notary public

How to complain about a notary public

Notary Fines and Penalties

Notary Fines & Notary Penalties (gulp)

Fraud and Forgery in the Notary Profession

Fraud & Forgery related to the notary profession

Notary Public General Information

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December 17, 2011

Penalties for notary misdeeds & misconduct!

Penalties for notary misconduct, crimes, and misdeeds 

I very rarely hear about notaries engaging in any type of illegal activity or illegal notarizations. The normal problem with notaries is lack of skill, neglegence, or bad tempers in a few cases.  I have only heard of one notary that engaged in a serious crime, and he went to jail.  This blog entry will discuss various types of notary misconduct and types of penalties for this misconduct in California. Please keep in mind that the notary rules are different in each of the 50 states, and that notary rules are also always changing.  However, if something is illegal in one state, there is a high chance that it will also be illegal in your state — although the penalties might be different. The information here is time sensitive and could change at any time. These are listed in the order of which I feel they are important to mobile notaries.
 
Asking a notary to do an improper notarization.
This is a misdemeanor.  If it involves real property, then it is much more serious.  Clients might ask you to notarize them using a different name variation that is not documented, or put a false date.  This is illegal. They are guilty for asking you to do this, and you will be guilty if you give in to their pressure. If you have driven thirty minutes to a job, 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, legally, 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 issues false certificates, and this could include backdated certificates would be guilty of a misdemeanor.  A false Acknowledgment certificate constitutes FORGERY.   Additionaly, the notary could have their commission revoked if found guilty of this crime, with an additional fine of $1500 per incident.
 
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.
 
Failure to administer an Oath
A fine of $750 per incident could be incurred, not to mention revocation, or suspention of a notary commission, or refusal to grant a commission.
 
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
 
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 California notaries is $1500 per incident.  Additionally, such a notary’s commission could be suspended, revoked, 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. 
 
Selling personal information
If the notary sells or misuses personal information of those he/she has notarized, that is illegal as well.  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 suspended or revoked for such a 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…

You might also like:

9/11 Notary Law Changes
http://blog.123notary.com/?p=212

All you need to know about notary work
http://blog.123notary.com/?p=2354

How to complain about a notary public
http://blog.123notary.com/?p=2179

Penalties for notary misconduct and fraud (2018 version)
http://blog.123notary.com/?p=21315

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September 19, 2019

Handling complaints like a man!

Filed under: Reviews — admin @ 10:21 pm

As you know, 123notary has a review system, and the reviews are mainly positive. People are shy about writing negative reviews because the name of entity posting the review is public. So, if you get a negative review, it is serious. Additionally, I feel that if you get a good or bad review from someone who has written many reviews on our system, the review should count for more since the reliability of the source because more credible proportionate to the quantity of reviews they have written.

But, why do I feel this way? Some people hire a notary once, have an experience, and perhaps write about it. People who have written multiple reviews, normally work for a signing or title company who have hired thousands of Notaries and have a more even handed view of how a Notary should behave. If they complain about you, or compliment you, it means more to me as a site admin. Also people at signing or title companies are less likely to write a review than an individual client, so the “professional” reviews are more rate for that reason even though they use Notaries more.

Perhaps I should adjust the points system to reflect that fact. But, I am busy doing other things at the moment.

But, do you handle complaints like a man?
Many people on our site want to be removed if they get one little complaint. In real life, if you do enough jobs, sooner or later you will get a complaint. Don’t beat yourself up over it. Perhaps you lost your temper or flaked. None of us are perfect. The main thing is that you deal with it. Being a man is not about being perfect, it’s about dealing with what life throws at your (or tosses to you.)

Some customers want to be removed over one little thing and want their money back. Others want to write a ten page rebuttal of everything that happened at the signing and how the other person is completely unreasonable. I cannot publish anything that long, especially without spacing between paragraphs making it impossible to read.

In the unlikely event that you get a complaint — don’t argue with me about it. Just write a few paragraphs stating your side of the story, and try to be mature about it even if you aren’t mature. For people on our site whose average age is 55, the maturity level seems to be a problem for many. My suggestion – grow up, and don’t take these things personally. I get far more complaints than you guys get and I have to handle it. Imagine how I feel.

You might also like:

Common complaints we get about notaries
http://blog.123notary.com/?p=19399

Penalties for Notary misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315

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July 27, 2019

Texas suspends notary who handle Stormy’s hush money

Filed under: Notary Mistakes — admin @ 2:11 am

Stormy Daniels signed a document regarding being paid $130,000 in hush money before the 2016 election. A Texas Notary named Erica Jackson notarized that non-disclosure agreement document concerning the money. But, the State of Texas terminated her Notary commission as a result. The Notary claims she did nothing wrong, yet got canned anyway?

However, the plot thickens. After I watched a video about what had happened, there was a stamp on the signature page, but no notarial certificate verbiage and no notary signature. The notary claimed that the Acknowledgment page which was the third page (that was no longer attached) that stated who was being notarized, etc., was omitted.

Additionally, there was an accusation that the Notary notarized without a signature of the Notary, but the Notary claims that she signed on other pages which were attached.

There was also journal record for the corresponding document, and the journal seemed to have been filled out correctly.

Jeremy’s Comments
If you are a Notary Public, it is quite likely that you could end up on the 6pm national news. So please take your job a little more seriously and get rid of this “I already know it all” attitude, as it is that attitude which prevents you from learning.

This Notary did several things wrong.
1. She stamped the signature page with her Notary seal but omitted Acknowledgment and/or Jurat certificate verbiage. She also omitted a Notary signature to accompany her notary seal which is illegal and she should be terminated if that was the case. It is hard to see what actually happened when you have an inconclusive video.

2. She attached a certificate that was to constitute page three, but that page three ended up missing. Your stamp can not be on page two when the certificate wording is on page three. Those legally have to be on the same page. If the stamp had been on page three where it was supposed to be, she wouldn’t be in a world of trouble.

3. I originally thought (because I prejudged the situation) that the Notary was in trouble because of her association with some dirty business. That was how her improper notarization was discovered, but not why she got in trouble. Interesting in any case.

You might also like:

Stormy Daniels accuses Notary of having intercourse with her
http://blog.123notary.com/?p=20485

Penalties for Notary misconduct and fraud
http://blog.123notary.com/?p=21315

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June 25, 2019

What is so critical about crossing out the he/she/they?

Filed under: Technical & Legal — admin @ 12:17 pm

FAQ of the day

The he-she-they being filled out is important because if someone fraudulently adds a name to the certificate making the people involved a they and no longer a he or a she, then it makes it a lot easier to make sense of the “he said/she said/they said” that will ensue.

You might also like:

A Los Angeles detective seizes someone’s journal and complains about a blurry thumbprint.
http://blog.123notary.com/?p=22237

Penalties for notary misconduct
http://blog.123notary.com/?p=21315

13 ways to get sued as a notary
http://blog.123notary.com/?p=19614

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February 24, 2019

Can you become a Notary if you have a felony conviction?

Filed under: Public Interest — Tags: — admin @ 9:29 am

Can you become a Notary Public if you have a felony conviction?

As a general rule — no. However, if your state is liberal, and your crime was not of a nature involving moral turpitude or corruption, you might be given a chance. If you have a misdemeanor, you still might be denied a Notary commission, especially if your crime involved fraud, dishonesty or misconduct. People issuing Notary commissions are extremely cautious about issuing commissions to those who are not honest and those who are likely to commit fraud with their notary commission.

The reason for this caution is that if a Notary commits fraud, they might try to embezzle money or steal the title to someone’s house using their notary commission. This typically ends in long court cases, ten year jail sentences and the grief and complaints end up back at the agency who commissioned them in the first place. Although most Notaries are not the most honest people in town, at least they are not career criminals, and the various state’s secretary of states hope to keep it that way.

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February 21, 2019

How many years is a Notary commission good for?

How long does a notary commission last? How many years is my notary commission good for? How many years is my term of office as a notary public?

The answer is that it varies from state to state.

An Alabama Notary commission is good for 4 years

An Arizona notary commission is good for 4 years

Arkansas notaries are commissioned for 10 years.
A California notary commission is good for 4 years.

A Colorado Notary commission is good for 4 years
A Florida notary commission is good for 4 years
An Illinois notary commission is good for 4 years

Louisiana notaries are commissioned for life and have the hardest training program of any state.

A New Jersey Notary Commission is good for 5 years
A Pennsylvania notary commission is good for 4 years
A Texas notary commission is good for 4 years
A Washington state notary commission is good for 4 years

But, some states have an unusually short term of office for notaries like Delaware which is only a 2 year term of office.

Some states have a short term of office, while others have a longer one.
The majority of states have a four year term, but a few have a five, six, seven, or even longer term.

Our forum article below covers even more states and their lengths of notary terms of office.
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3955

Penalties for notary misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315

How much does a Notary cost in 2019?
http://blog.123notary.com/?p=21308

Notary Public general information
http://blog.123notary.com/?p=20075

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February 20, 2019

Notarizing Multi-Page Documents

Should a Notary notarize every page of a document? How can a Notary or signer safeguard themselves from someone swapping pages in a document after the notarization has taken place? You need answers! Here they are!

1. A Notary Public notarizes signatures on documents, not pages on documents. A particular page or pages might have notary certificates within a document. Or, a certificate could be stapled to the back of a document. Ideally that certificate should identify the corresponding document. If you have a ten page document, there will most likely only be one, and possibly two pages with notary wording.

2. A prudent Notary Public carries what is called an inkless embosser that leaves a raised seal impression. This is in ADDITION to having the legally required inked seal that is used with blank ink. The embosser can be used to emboss every single page in a notarized document. I did exactly that on everything I notarized even if there were 100 pages. I did this for safety reasons. I did not want people to get away with switching pages after the fact and dragging me into court as a result of someone else not liking the idea that a page was swapped.

3. If a signer swaps a page from a notarized document, and that page was embossed, they can still swap the page. However, it will not be legal, and it will be very obvious to the Notary Public if investigated that the new page was not part of the original notarization as the notary embosses all pages — if the notary indeed was the type of notary who embossed all pages — like me!

4. Some people initial all pages. Initialing is a type of precaution. But, initials can be forged easily, and it is sometimes not easy to tell if they were forged.

5. If a document had a page swapped, the staple and staple area in the pages might show evidence of tampering. The degree of evidence depends on how skillful the fraud was at swapping pages. Luckly in my career of 6000 Notary appointments I did not have this issue.

6. If you need to add a page to an already notarized document. What can you do? You have to notarize the entire document all over again. I had that happen. What a pain. The signer wasn’t happy. Sorry — just following the law!

.

You might also like:

Notarizing Multi-Page Documents 2011 edition
http://blog.123notary.com/?p=1706

Sending loose certificates is illegal
http://blog.123notary.com/?p=2470

Penalties for misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315

How often do Notaries end up in court?
http://blog.123notary.com/?p=19914

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January 29, 2019

Can a Notary go to jail for Notary fraud?

Can a Notary go to jail for Notary fraud?
Can a Notary go to prison for Notary fraud?

Notaries very rarely end up in jail. There are many illegal things that Notaries to almost daily. However, the law seems to rarely catch up with them unless a crime is committed where there are damages. Additionally, if the crime was committed with intent to steal, embezzle, or harm someone, the Notary would be in a lot worse trouble.

Notaries typically do not administer Oaths for Jurats. Those that do, typically administer an Oath in my opinion incorrectly. I test Notaries regularly and this is how I know. It is illegal to sign a Jurat that makes you claim that you supervised an Oath when in fact you did not. That might be considered perjury, although I am not an Attorney and cannot say with any certainty. However, Notaries very rarely get in trouble for omissions in their duty.

The only time I have heard of a Notary going to jail was one who assisted in fraud involving real property. The Notary falsified paperwork, probably Deeds of some sort and helped someone steal someone else’s property. That Notary got put away for a long time.

However, Notaries end up in court regularly for things that signers did fraudulently. Some signers alter documents after they were notarized. Other signers committed identity fraud. Once in a while, someone will forge a notary seal and pretend to be a particular Notary. It is common those these acts of fraud to result in a Notary being supoenaed to court or at least being investigated.

So, unless a Notary does something intentionally to cause financial harm to another person, it is unlikely that they will end up in jail — but, then.. who knows…

You might also like:

All mortgage fraud is investigated by the FBI
http://blog.123notary.com/?p=20995

Penalties for Notary misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315

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December 30, 2018

When are you required by law to do Oaths?

As we all know, state notary laws differ from state to state. Since I live in California, it is difficult for me to know what all the Notary laws are in other states. Sometimes I create a chart as a cheat sheet to know which states require certain things and which ones don’t. However, every state I have read about (I read handbooks for all states so you will have a problem fooling me — they are all online except for NC if I remember correctly) requires Oaths and has Oaths in the handbook as an official duty of a Notary Public. So, I am going to write some quiz pointers about Oaths below.

1. Oaths are an official Notary act in all states.
If I am wrong, show me your state notary handbook and show me the omission of Oaths.

2. Affirmations are an official Notary act in almost all states…
Or perhaps, now they are in all states. Not sure…

3. If you see the words — SUBSCRIBED AND SWORN (or affirmed) TO BEFORE ME BY…
This is Oath documentation verbiage. It is NOT the Oath itself, but the documentation that you administered an Oath or perhaps Affirmation. If you sign a form stating the above verbiage and do not administer an Oath, you have just committed fraud on a Notarial certificate which is a crime. I am not sure what type of crime it is, but it might be fraud, or even perjury which is a Federal crime punishable by up to five years in jail per infraction. Gulp. Please consult an Attorney to see what type of crime he/she thinks it is as my opinion is a layperson opinion and not legal advice.

4. My state doesn’t require Oaths.
I hear this every day. Your state DOES require Oaths, however your state doesn’t require you to read the handbook that says you have Oaths as an official duty. Moreover, your state doesn’t explain how to administer an Oath or WHEN to administer an Oath. I can blame your state, but this is also your fault if you go through life engaging in criminal negligence because you did not bother to learn when and how to administer Oaths.

5. We don’t do Oaths in my state.
Some people claim that Oaths might be an official Notary act in their state, but that it is never done. This is also not true. Carmen (who does sales for 123notary) does loan signings for out of state documents all the time and every single package has at least one Oath that is part of a JURAT.

6. If you see the word AFFIDAVIT in the title of a document.
The word Affidavit customarily means that the document is to be sworn to before a state official commissioned with the capacity to administer Oaths such as a Judge, Notary Public, Justice of the Peace, etc. If you see the word Affidavit, it is possible, although unlikely that you will execute an Acknowledged signature on that form. 99% or more of the time you will execute a Jurat, and Jurats by definition require the signer to sign (subscribe) in front of you and swear under Oath as to the truthfulness of the document.

7. Are you swearing to the identity of the signer, the signature or the truthfulness of the document.
Many Notaries administer Oaths to me over the phone on quizzes and make me repeat my name several times. However, the Oath for a document is regarding whether or not the document is true or not, and NOT to my identity. However, if the document makes me specifically swear to my name or name variations then I would have to swear to my identity. Additionally, an Oath on a document does not require the Affiant (signer) to swear to whether or not they signed it or whether or not they signed it on their own free will unless their state specifically requires it or unless the cheat sheet for the Oath requires it. As a general rule, an Oath on a document must be regarding the truthfulness of the document as the primary focus. Any other considerations are secondary or perhaps not necessary or perhaps should be left out.

8. Why Oath cheat sheets are dangerous
If you do not know the legal requirements of an Oath on a document in your state, you might not administer a passable Oath if you read off the cheat sheet. In my opinion which is based on logic, but not on law, an Oath on a document must be about the truthfulness of the document. If your cheat sheet for an Oath says, “Do you solemnly swear you signed this document.” — that would lead to an incomplete notarization because you never swore to the truthfulness of the document.

9. I don’t do Oaths, I only do Refinances.
Newsflash — Every refinance I have ever seen has at least one Oath. If there is an Affidavit such as a signature affidavit, identity affidavit, or occupancy affidavit, customarily there will be an Oath. If you do Refinances, you are required to do Oaths as part of fulfilling the statements on the Jurat certificate(s).

10. Oaths on oral statements or without Jurats
You might be asked to give an Oath on an oral statement. There might not be any paperwork involved other than your journal. You need to read up on how to do this. You might also be asked to give an Oath on a document that does not have a Jurat. You would have to ad-lib to come up with verbiage so practice on random documents to get the feel of it.

11. Remote court attendance.
Florida state allows certain witnesses to appear in court by phone. A Notary must swear them in from their remote location. This type of Oath requires the Notary to look at their ID, read it to the judge and do the TV court Oath of how you swear to tell the truth, whole truth and nothing but the truth, so help you God.

12. Penalties for wrong or omitted Oaths.
Notaries rarely get in trouble for omitting a required Oath or refusing to administer an Oath. But, there are times when they do. Here are the things that could happen to you. Why take chances? It is like leaving your door unlocked.

(a.) REVOKED COMMISSION — Your commission could be revoked. I heard of several Notaries in Oklahoma who did not administer Oaths on loan documents.

(b.) OVERTURNED LOANS — The loan that had documents with required Oaths could be overturned by a Judge if they find out that the Notary did not administer an Oath.

(c.) GETTING SUED — The Notary could get sued by the Lender because there will be serious financial damages for the Lender because the Notary omitted a legally required Oath. Damages might be $20,000 or more if you get caught. People don’t get caught often — but when they do…

(d.) FINES — Certain states fine Notaries for misconduct and omissions. Failing to administer a required Oath in California used to have a $750 fine per incident. Now, it might be $1500. I am not sure of the exact fine, but it should be in that neighborhood.

(e.) JAIL — I have heard, and this may or may not be true, that making a false statement about an Oath on a certificate is perjury. The penalty for perjury is a jail sentence of up to five years per incident. So, you could end up in jail if the Feds or your state start checking up on Notaries to see if they are administering Oaths. They are not checking up now, but they could start any time.

(f.) LOSE LISTING — 123notary sometimes removes people for disciplinary reasons. If we find out that you do not obey Notary laws, we normally steer you to some educational materials. But, if you have a complete disregard for law, order, and common decency, you could lose your listing. We normally as a handful of Notary questions and will accept a very low average since most Notaries do not know their stuff. However, if you score under 50% on our quiz whether oral or written, you will most likely be in trouble with us. Although we are not commissioned to enforce laws, I do enforce who I list and that is my right and authority as owner of this site.

SUMMARY
Although Notaries only get in trouble for not administering an Oath once in a blue moon, it is illegal not to fulfill your duties as a Notary Public, and it only takes minutes to read up on when and how to administer Oaths. There is no reason for this type of blatant negligence and criminal behavior. So, please become an expert at administering Oaths. Your first step should be to read your state handbook and see what they say about Oaths. They probably do not do a complete job of teaching it which is part of the problem. The NNA and 123notary have materials as well, and you could consult an Attorney. Although Oath procedure is not taught properly by the states (not even California) you are still legally required to give Oaths and give logical and correct sounding Oaths.

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You might also like:

Should you use book wording for Oaths or improvise?
http://blog.123notary.com/?p=19660

Airline meals verses Notary Oaths & Affirmations
http://blog.123notary.com/?p=19549

Oaths – How Notaries completely screw them up!
http://blog.123notary.com/?p=19369

Oaths and the art if improvisation
http://blog.123notary.com/?p=19367

Notary Public 101 – Oaths, Affirmations, Jurats & Acknowledgments
http://blog.123notary.com/?p=19500

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