As a mobile notary, your success depends on accuracy, attention to detail, and adherence to legal standards. Even small mistakes can have serious consequences, including legal issues or damage to your reputation. Awareness of the common errors notaries make and how to avoid them will help protect your business and ensure you maintain high professionalism. Below are some of the most common mistakes notaries make and how to avoid them in practice.
Failure to Properly Identify Signers
One of the most important tasks for notaries is verifying the identity of the signer. Accepting expired or invalid IDs or relying on personal knowledge can result in fraudulent activity and legal disputes.
How to Avoid:
Always ensure the signer presents a valid, government-issued photo ID. If the ID is expired or inadequate, proceed once proper identification is provided. Even when you know the person, following identification rules to protect your practice is essential.
Poor Record-Keeping
Maintaining a thorough notary journal is essential, even if it’s not required in your state. Failing to document notarizations properly can expose you to legal challenges.
How to Avoid:
Record every notarization in a journal, noting the date, document type, signer’s information, and any additional details. This documentation protects you if a notarized document is ever questioned, ensuring you have an official record to back you up.
Overstepping Notary Authority
Notaries sometimes offer legal advice or explanations that are beyond their legal authority. This can lead to legal repercussions and harm your reputation.
How to Avoid:
Stay within your role of confirming the identity of signers and witnessing signatures. If a client has questions about the legal content of a document, refer them to an attorney. Never interpret documents or provide legal guidance.
Incorrect Notarial Certificates
Using the wrong notarial certificate or failing to complete it correctly can invalidate the notarization. This is one of the most common mistakes notaries make, and learning to avoid it in practice is essential for ensuring your notarizations are legally binding.
How to Avoid:
Before notarizing, ensure you’re using the correct certificate (acknowledgment, jurat, etc.) and fill out all the necessary fields, including the date, signer’s name, and notary seal. Taking time to double-check your work will prevent unnecessary mistakes.
Failure to Keep Up with State Laws
Notary laws vary by state, and they frequently change. Not staying current with these regulations can lead to compliance issues, potentially resulting in legal trouble or loss of commission.
How to Avoid:
Attend training sessions or subscribe to notary newsletters to stay informed about your state’s laws. Regularly update your knowledge to ensure compliance with current regulations.
Lack of Insurance and Bonds
Having the right insurance or bonds can protect you from financial risks. Even a minor error can lead to claims that could harm your business.
How to Avoid:
Invest in errors and omissions (E&O) insurance, even if it’s not mandatory in your state. This coverage protects you from financial claims in the event of a mistake. Additionally, ensure that you meet any bond requirements in your state.
Notarizing Incomplete Documents
Notarizing documents with blank spaces or incomplete information can lead to legal complications and potential fraud. This is a common mistake that can have serious consequences.
How to Avoid:
Only notarize a document that contains blank spaces or is complete. Review the document thoroughly before notarizing, and ask the signer to fill out any missing information. If you’re unsure, pause the notarization and seek clarification.
Safeguarding Your Practice
Avoiding these common mistakes notaries make and how to avoid them in practice is essential for protecting your business and maintaining a good reputation. Correctly identifying signers, keeping accurate records, staying updated on laws, and following best practices can ensure your mobile notary business runs smoothly without unnecessary risk. For more helpful suggestions, check out these marketing tips for mobile notary services.
