You searched for unauthorized practice of law - Page 2 of 2 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice

November 29, 2010

Just Say No Article #2

Filed under: Just Say No!,Legal Issues,Technical & Legal — Tags: Immigration Documents, Immigration Notary, just say no, just say no2, unauthorized practice of law — admin @ 12:02 am

Assisting with Immigration issues
If you are not an immigration expert, don’t answer immigration questions and don’t advertise yourself as an immigration expert. However, notaries are allowed to notarize many types of immigration documents. Just don’t give advice.

Assisting with legal advice
If asked for legal advice, if you are not an attorney, please refrain from giving legal advice as it might constitute unauthorized practice of law. Drafting legal documents, i.e. documents to be used in court or submitted to a judge or attorney could constitute legal advice or service (unauthorized practice of law) in many states. Don’t even offer to recommened particular notary procedures for their document, as that also could constitute unauthorized practice of law.

Backdating
Putting a date on a document’s notary certificate section that is previous to the current date is considered backdating and is illegal. Don’t backdate. Many signing companies will ask you to backdate when they are in a pinch and will lose their lock on the borrower’s loan. That is their problem, not yours. If you backdate you could lose your commission if you get caught. It is a misdemeanor in many states to ask a notary to commit fraud, so you can report a company that asks you or coerces you into backdating.

Don’t make notarial recommendations
Customers always ask what type of notarization they should get. You are not allowed to tell them in many states. You can describe the attributes of the various types of notarizations and ask what the document custodian would like too. Just don’t make recommendations.

Letting your boss review your journal
Your boss can not inspect your journal on their own. However, if you are present, then its okay if your boss inspects the journal. The notary should not let the public see journal entries unrelated to their specific business. Its best to make a copy of the journal entry that blocks out other entries to protect the privacy of the others who you notarized. If not all of the notarizations are related to your boss, it would be better if you make a copy of the journal entry in question rather than letting the boss look at the whole journal while you are there.

Blanks?
Don’t notarize a document with blanks in it. The blanks must somehow be filled in or crossed out. Otherwise you must decline from notarizing that document.

Lock up your seal and journal
Not all states require a seal and journal, but these instruments are the exclusive property of the notary and must be kept under lock and key. Don’t let others use them or you can get in big trouble, and so can the person who used them.

Don’t notarize parts of documents
If you are handed page three of a long document, you can not notarize it as a separate entity. Documents must be in their complete form to be notarized. Don’t only notarize the last page of a document — the page that contains the certificate wording either.

Failure to emboss?
Its not required by law to emboss pages, but if you choose to emboss every page of every document you notarized, it becomes difficult to substitute pages of documents without getting caught. Embossers leave a raised seal that can not be photocopied, so you will be detering a lot of funny business using an embosser.

You might also like:

Notaries that fail and what they did wrong!

Everything you need to know about journals

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

Comments (0)

November 4, 2010

The Florida Notary issues and quirks

Filed under: Florida Notary — Tags: $10 per notary act, Drafting Documents, Fill in blanks in documents, florida, florida notary, Florida notary public, florida1, Notary in Florida, unauthorized practice of law — admin @ 10:21 pm

Florida Notary Issues and oddities

Understanding a document
A Florida notary public is NOT required to be able to read all documents being notarized by them, but the signer must be able to read the document. The document must either be in English, or a language the signer can read. This is differently worded from many other states. In California, the notary must be able to communicate directly with the signer, but does not need to understand the contents of the document, nor do the contents need to be in English.

Foreign language signers
The notary must be able to communicate directly with the signer without the help of an interpreter in California. So, if the signer brings their children along to help translate, the notary must decline the job unless direct communication is possible. But, in Florida, the statutes do not specify that the notary and signer must be able to directly communicate, but specify that the signer must have the document translated into a language they understand in order to qualify to get their signature acknowledged.

Verifying a VIN #.
Another unusual official act of a Florida notary is to be able to verify a VIN number on a vehicle. The maximum charge for this is $10 per notary act.

Drafting documents
Other states simple forbid notaries from engaging in legal advice, but don’t spell out exactly what legal advice could consist of. A notary public in Florida is expressly forbidden from drafting any type of document for a client — both legal documents and less formal documents. A legal document is often described of one that might be used in court or submitted to a judge or attorney. Additionally, a Florida notary must not fill in blank spaces in documents as that also constitutes unauthorized practice of law or legal advice in FL.

The Florida Notary Manual page 58 states that a Florida Notary should only sell legal forms and type up documents written by their customers.

Disabilities
A notary in Florida may sign on the behalf of a person with a disability if the disabled person requests. Nobody has ever mentioned any rule like this before on any of our forums.

Notarizing for minors
The state of Florida allows notaries to notarize for minors and should ideally document the minor’s age next to their signature.

Incompetency
A notary may not notarize for an individual who doesn’t seem capable of understanding the meaning of the document being notarized.

Marriages – I do!
Florida notaries may solemnize marriages if the couple provides a marriage certificate. ME, NH, and SC, plus one parish in LA are the only other states we have heard of that allow notaries to conduct marriages, but they need a special extra license in NH to the best of our knowledge. The notary may make up their own verbiage for the marriage, and then complete an official certificate for the marriage.

Also Read: Letter to the Florida Notary Division
http://blog.123notary.com/?p=19896

Comments (3)

February 2, 2024

Common Notary Mistakes and How to Avoid Them

Filed under: Notary Mistakes — Tags: Common Notary Mistakes — Tom Wilkins @ 12:00 am

In the realm of legal transactions, the role of a notary is paramount. Whether you’re a homeowner finalizing the purchase of your dream home or a business owner executing critical contracts, the presence of a notary ensures the legality and integrity of these important moments. However, notaries are human and, like anyone, can make mistakes. Recognizing and avoiding common notary mistakes is key to ensuring that your transactions proceed without a hitch. Let’s dive into some of these pitfalls and how to avoid them.

1. Failing to Identify Signatories Properly

One of the most critical roles of a notary is to verify the parties’ identity in a transaction. Common mistakes include not checking identification thoroughly or accepting expired IDs. To avoid this, always insist on current, government-issued identification with a photo, signature, and physical description.

2. Neglecting to Record Entries in the Notary Journal

A notary’s journal is an official record of notarial acts and protects the notary and the signatories. Skipping entries or not detailing the transaction accurately is a mistake that can lead to legal complications. Ensure every act is recorded promptly and in detail.

3. Improper Use of Notary Seals

The misuse or improper storage of notary seals can lead to unauthorized use and fraud. Notaries must secure their seals and only use them when performing an official act. Remember, your seal is your responsibility.

4. Overstepping Notarial Boundaries

Notaries are not legal advisors. Offering legal advice or explaining the contents of a document oversteps the boundaries of the notary’s role and can lead to legal repercussions. If asked for advice, the best practice is to direct the individual to seek legal counsel.

5. Incomplete or Incorrect Notarization

Missing information, such as the date, location of notarization, or signatory details, can invalidate a document. Likewise, using the wrong notarial certificate or wording can lead to a document being challenged. Always double-check your work for completeness and accuracy.

6. Not Understanding State-Specific Laws

Notary laws vary from state to state, and not being up-to-date with your state’s requirements can lead to mistakes. Continuous education and reference to state notary manuals are essential to stay compliant.

7. Ignoring the Signer’s Willingness and Awareness

A notary must ensure that signers are willing and aware of what they are signing, free from coercion or impairment. Ignoring signs of reluctance or confusion can question the validity of the notarization.

How to Avoid These Mistakes

Avoiding these common notary mistakes starts with education and diligence. Stay informed about your state’s notary laws, attend refresher courses, and always adhere to the best practices of your profession. Furthermore, utilize resources like the FedEx drop-off service for secure document handling, ensuring that your notarial acts are completed with legal integrity and efficiency.

Ensuring Legal Integrity in Every Transaction

Elevating your notarial expertise involves being vigilant about common notary mistakes and taking proactive steps to avoid them. By thoroughly verifying identities, meticulously maintaining your notary journal, correctly using your notary seal, staying within your legal boundaries, ensuring the completeness and accuracy of every notarization, understanding state-specific laws, and respecting the signer’s willingness and awareness, you safeguard the legal integrity of every transaction. Homeowners and business owners alike depend on this diligence for the seamless execution of their most critical documents. Remember, knowledge and attentiveness are your best tools for avoiding these pitfalls and upholding the trust placed in you as a notary.

Comments (0)

September 19, 2018

123notary’s quiz questions routinely accused of being state specific

Filed under: Technical & Legal — Tags: State Specific Questions — admin @ 11:03 am

The people who accuse us of having state specific questions are never specific about which questions are state specific. Such ambiguity over specifics. We change our questions over time and questions are now based on Notary Public 101, and not a particular state. We don’t even cater to California rules when we are in California. We test on good practicies, NOT state specific practices. It is up to you to know your state rules and I’m sure you do … (or not).

Here are some questions that might seem state specifics.

1. Proof of Execution — state specific
This act is done in about 45 states which is almost all. However, Notaries never do this act in real life. I don’t even know which states don’t have it. Some call it a verification upon proof or some other similar name. I ask this question not because of its practicality but to see if you even read my materials before the quiz. I think it is a waste of everyone’s time to quiz when you didn’t study.

2. John Smith — NOT state specific
We ask this question about good old John as a prudency question and not a legal question. Is it prudent under the circumstances to notarize the signature John W Smith on a document when the ID says John Smith.Most Notaries cannot give a straight answer — they change the circumstances to asking the signer for another ID. That makes it a completely different question. Whether your state requires an exact name match or not, it is still NOT PRUDENT if you can’t a prove a person’s identity. That is the whole reason for having notaries in the first place.

3. Fixing Notary Certificates — state specific
This one is very important and definitely state specific. We ask a question that California Notaries are not allowed to do simply because the folks in the other states still need to be tested on this. How do you fix a wrong county on a certificate? In California you have to use a clean new form or redo the notarization. In other states you can cross out and initial, but don’t have the borrower initial a notary form. This is critical information here. Maryland does not allow the use of loose certificates, and Oregon does not allow the Notary to make any changes to certificates or even add new ones as that might be considered UPL the way they see it in the drizzly state. Food for thought.

4. FBI Thumbprint Question — NOT state specific
If the FBI shows up on your doorstep investigating a notarization you did involving a fake ID, your fake info in your journal won’t cut it even if your state doesn’t require or permit thumbprints. The FBI is federal and has some bad guys to catch. They want a thumbprint whether your state allows you to have it or not. This is a Federal specific question as the FBI is federal and doesn’t care about your petty state rules. This question is NOT state specific because it does not ask what your state wants or allows or permits.

5. Journals – sounds state specific, but not the way we ask it.
Many states don’t require a journal, so my journal questions are not based on state rules, but on the rules of prudency which are universal. Your journal is your only evidence in court of what happened at a notarization. Not keeping one is like not wearing a seat belt on the freeway. Eventually something will happen and there will be injuries. This is a good practices question and once again NOT state specific.

6. Oaths & Affirmations – not state specific, but…
Oaths & Affirmations Universal — like God himself. But, the 2018 California Notary manual no longer has a set fee if you do these as separate acts not connected to a deposition or jurat. Hmm. So, you can do these acts in California, but what would you charge?

If you have been asked any other annoying questions by us which you feel are state specific, please mention them in the comments section clearly and please be to the point without any tangents so that the readers can get to the point. And once again, none of our questions are based on California practices, but are based on best practices (which often overlap with what California practices are — but not always.)