Notarizing complex documents requires accuracy, legal compliance, and attention to detail. Mistakes in notarization can lead to invalid contracts, disputes, and financial losses for homeowners and business owners. Whether handling real estate transactions, business agreements, or estate planning documents, understanding the common mistakes in notarizing complex documents helps ensure a smooth, error-free process.
1. Understanding the Document Before Notarization
Review the Entire Document
One major mistake notaries make is notarizing incomplete or ambiguous documents. Before proceeding, always check for missing pages, blank spaces, or inconsistencies. Ask the signer to correct anything or seek legal guidance before notarization if anything seems unclear.
Verify the Notarial Certificate
Ensure the notarial certificate follows state requirements. Using incorrect wording or missing essential details can cause legal issues. If a document lacks a notarial certificate, the signer—not the notary—must decide whether to use an acknowledgment or a jurat.
2. Properly Identifying the Signer
Examine Identification Carefully
Identity verification errors are among the most common mistakes in notarizing complex documents. Always check that the signer’s government-issued ID is valid, matches the document’s name, and is free from alterations.
Address Name Discrepancies
If the name on the ID does not exactly match the document, additional proof of identity may be needed. Some states allow the use of credible witnesses, but this must be handled according to legal requirements.
3. Confirming the Signer’s Willingness and Awareness
Ensure the Signer Is Acting Voluntarily
A notary must confirm that the signer is not under duress. If you suspect coercion, refuse notarization. Legal agreements must be signed willingly to be enforceable.
Assess Mental Competency
If a signer appears disoriented, confused, or unable to understand the document, do not proceed. In such cases, an attorney or family member may need to be involved to determine the next steps.
4. Using the Correct Notarial Act
Distinguish Between an Acknowledgment and a Jurat
A standard error is selecting the wrong notarial act. An acknowledgment confirms identity and willingness to sign, while a jurat requires an oath or affirmation regarding the document’s truthfulness. The signer must choose the correct notarial act—not the notary.
Know When to Refuse Notarization
If the document is incomplete, the signer is hesitant, or identification is insufficient, it is better to refuse notarization than risk an invalid or fraudulent transaction.
5. Keeping an Accurate Notary Journal
Document Every Notarization Properly
An incomplete notary journal can lead to disputes. Each entry should include the date, document type, signer’s name, form of identification used, and other necessary details.
Ensure Clear and Legible Entries
Errors in recordkeeping can create legal complications. Always write clearly and correct mistakes correctly while maintaining transparency.
6. Avoiding Unauthorized Practice of Law
Do Not Provide Legal Advice
Notaries must never explain or interpret legal documents unless they are also licensed attorneys. Legal guidance can be considered an unauthorized practice of law and may result in penalties.
Refer Signers to an Attorney When Needed
If a signer is unsure about the document’s content, seek legal counsel. You must verify identity and witness signatures, not advise on the document’s legal implications.
Notarization Done Right
Avoiding errors in complex notarizations protects signers from legal disputes and ensures compliance with state laws. By thoroughly reviewing documents, verifying identities, selecting the correct notarial act, and maintaining accurate records, you can prevent common mistakes in notarizing complex documents and maintain professionalism in your practice. For more guidance on best practices, explore the notary certification process to strengthen your expertise and avoid common pitfalls.
