Knowing that a notary is bound by strict professional standards is essential when working with them. A notary’s role ensures the legality of important documents, but even minor misconduct can lead to severe penalties. For homeowners and business owners, understanding notary misconduct and penalties for legal non-compliance is key to protecting themselves and their transactions.
What is Notary Misconduct?
Notary misconduct occurs when a notary public violates the laws or ethical standards governing their role. This can happen unintentionally, through negligence, or intentionally, through fraud. Misconduct affects the legitimacy of the notarized documents. It can lead to significant legal and financial problems for the involved parties.
Common Types of Notary Misconduct
1. Failure to Verify Signer’s Identity
One of the most important duties of a notary is to confirm the signer’s identity. Misconduct occurs if a notary skips this step, risking fraud and invalidating the notarization.
2. Conflict of Interest
Notaries must remain impartial. When a notary has a personal or financial interest in a document, their neutrality is compromised, which can lead to disputes or potential penalties.
3. Inadequate Record-Keeping
Most states require notaries to keep a record, or journal, of each notarization. Failure to do so may result in misconduct accusations, as it can be challenging to verify transactions later if questions arise.
4. Failing to Administer an Oath or Affirmation
Certain notarizations require the signer to take an oath or affirmation. Skipping this crucial step is a form of misconduct and can lead to severe consequences for the document’s validity.
Understanding Penalties for Notary Misconduct
Penalties for notary misconduct vary based on the type and severity of the offense and local state laws. Understanding notary misconduct and penalties for legal non-compliance can help homeowners and business owners avoid issues with improperly notarized documents.
Civil Penalties
Civil penalties are commonly issued for misconduct, including fines or restitution payments to parties affected by the notary’s actions. If errors or negligence cause financial losses, a notary could be liable to compensate those impacted. Civil penalties stress accountability, mainly when misconduct results from a lack of proper diligence.
Criminal Penalties
Criminal penalties apply in cases of intentional fraud or deceit. For example, a notary who knowingly notarizes a forged document or falsifies a signature may face criminal charges. This can include jail time, substantial fines, or both. Criminal penalties are typically reserved for serious misconduct and aim to deter fraud in the notarization process.
Disciplinary Action
Disciplinary actions may include suspending or revoking a notary’s commission by the state licensing authority. These actions occur every day when misconduct is repeated or particularly severe. For instance, multiple complaints about a notary’s work can lead to a review and possible suspension to ensure that the integrity of notarizations is preserved.
Professional Liability
Many states require notaries to carry errors and omissions (E&O) insurance. This insurance covers claims arising from notary negligence, ensuring that the notary is financially protected if they’re held liable for losses caused by their actions. E&O insurance helps safeguard notaries and clients from the financial repercussions of mistakes.
How to Avoid Notary Misconduct
Avoiding notary misconduct starts with following best practices and understanding state-specific requirements. Both notaries and clients should take steps to ensure that notarizations are carried out lawfully.
For Notaries
- Verify identification Carefully: Always check identification thoroughly to confirm the signer’s identity and avoid fraud.
- Avoid Conflicts of Interest: Refuse notarizations where you may have a personal or financial interest.
- Keep Comprehensive Records: A well-kept journal can prevent disputes and prove compliance with notary laws.
- Stay Updated on State Laws: Notary requirements vary by state and can change over time. Staying informed about these laws helps avoid accidental misconduct.
For Clients
- Work with Reputable Notaries: Verify that the notary has a solid reputation and ask any necessary questions.
- Request Documentation: Clients may request records or copies of notarization journals for extra assurance.
- Watch for Red Flags: If a notary skips identification steps or fails to administer oaths when required, ask for proper procedures.
Safeguard Your Transactions
Understanding notary misconduct and penalties for legal non-compliance helps homeowners and business owners ensure the integrity of their transactions. Knowing common issues and legal consequences, you can better protect your documents and avoid unnecessary risks. To learn more about how notaries serve businesses, check out businesses that need notaries.
Things that get notaries complaints
Things that get notaries complaints
Complaints are taken seriously at 123notary.com. None of the notaries on board have voiced an opinion supporting our review system which allows browsers to post legitimate complaints about notaries. Many notaries on board feel that they have a license to cause trouble, and that I have no right to ask questions or do anything about it since they pay us for advertising. Many notaries want the right to harm others without being held accountable. My point of view is that if you cause misconduct while on our site, ITS MY BUSINESS, and you will be held accountable.
I want to take a positive approach to this problem and let the notaries know what the common things that go wrong are, so that you can avoid getting a complaint in the first place. I’m going to list types of complaints in order of how frequently they come up.
(1) Rudeness
Of all the complaints we have gotten, the largest category was rudeness which includes using bad words, hostility, hanging up on people, rude tones of voice, antagonism, harrassment, and threats. If a signing company doesn’t treat you the way you like, DON’T WORK FOR THEM. Don’t threaten to use their fedex account. Don’t threaten to put a lien on the borrowers house if you don’t get paid. Don’t withold a borrower’s documents until you get paid. Have a policy for what you accept from others. If others violate your terms, then stop dealing with them. Period!
(2) No Show no call
It amazes me that notaries think they can completely blow off a signing without even calling. Then, the excuses notaries give remind me of being a substitute teacher in eighth grade. The excuses are clevely worded so that you will feel guilty for asking them any more questions. Heartbreaking stories, grueling conditions, family crisises, and earthshaking emergencies. Many of these excuses are true, but there is no way to verify, because not once have I ever been offered a scan of a document that proves someone’s argument one way or the other. If you are offered a signing and you can’t make it, call at least two hours in advance. If you are having a family emergency, in a snow storm, in WW3, in a flood, or are almost dead, you better call otherwise you will get a complaint, and I am not too interested in the excuses.
(3) Notary Mistakes
Many notaries make mistakes. The good notaries triple check their work and are willing to go back if they made even one small mistake. But, not all notaries are good notaries. Many will be unwilling to go back to an appointment a second time to fix what they did wrong. If you make a mistake, fix it whether you get paid to or not, otherwise you will lose clients and get complaints.
(4) Failure to return calls or emails after a signing
This is another type of problem that people have every conceivable type of excuse for. Personally, when I’m on vacation, I answer emails. I had a vacation where I slept in my car, slept in a tent, and couldn’t find an internet cafe for half a day. I kept looking until I found it and answered as many emails as I could. Signing agents will go on vacation, or say they did, and use that as an excuse not to return phone calls or emails. I won’t accept this as an excuse. You have to be available up to 48 hours after a job is done in case there is a problem, and the problem could very well be the fault of the title company, but you still have to be available. No excuses.
(5) Slandering or sabotaging companies you work for
One notary said that the terms of the loan were not good. Another tried to sell the borrower a modification right at the signing. A third threatened to use the lender’s Fedex account # because she said she didn’t get paid enough. Another one sent porno spam to us and others.
(6) Other types of misconduct.
Some notaries just cause a lot of various types of trouble. Others are unwilling to fix mistakes they made. Once in a while a signer will outsource jobs to another signer and then not pay them. Last minute cancellations are completely unacceptable unless there is a documented health emergency or other type of uncontrollable circumstances. One notary has a habit of double booking appointments and then trying to reschedule them at the last minute. Two notaries walked out of an appointment. One had a family emergency and flaked. He forgot to even tell the borrowers who were in the other room that he was going to the hospital.
The moral of the story is to avoid all of these problems by being very careful to go to all your appointments, be polite even if others are not polite to you, and do a good follow up after the job is done. I’m personally tired of all the complaints, excuses, the dramas, and irresponsibility. We want good notaries on 123notary, and for the most part, the notaries on board are excellent. We do not want a few bad apples to cause a bad reputation for the others.
Tweets:
(1) Many notaries feel that since they pay us for advertising, we’ve no right to post bad reviews on their profile.
(2) Many notaries are rude to signing companies who manipulate them. Don’t be rude! Just don’t work for them.
(3) Many notaries just don’t answer their phone or email after a signing which can cause a nightmare.
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Florida Notaries with complaints
http://blog.123notary.com/?p=1870
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http://blog.123notary.com/?p=2198
Bad notary reviews and the law on the internet
http://blog.123notary.com/?p=18866
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http://blog.123notary.com/?p=19614