Notary Public

Top 5 questions Notaries ask -3 What if all signers are not present at the time of notarization? When a document requires multiple signatures, but not all signers are present, is commonly referred to as a split signing. The typical scenario is when one signer will sign in front of you, and another signer will sign in front of another Notary in the future.... When filling out the notary wording, make sure to enter to only enter the name (or names) of the people present during your notarization. Additionally, in your Notary journal, you can enter notes that include the names of the people not present (if known) and further indicating that they were not present for this notarization.

Top 5 questions Notaries ask -2 - What if there is no notary wording on the document? When presented with a document that does not contain notary wording, a certificate attachment such as an acknowledgment or jurat will be used. However, a Notary may not choose which certificate to use. This decision must be left up to the signer. ... Since most signers are not going know the meaning of the attachments, it is best to show them a blank of the following certificates: Acknowledgment Jurat (also called a verification upon oath or affirmation in some states) Signature witnessing (where allowed by law) While showing the certificate options to the signer, you can define the nature of the act that the certificate represents. With the information you provide, they can choose which one best suits their needs. If they are still unsure which one to select, they can contact the document recipient to determine which they would prefer.

Top 5 questions Notaries ask -1 1. What if I get an expired driver’s license? Some people do not keep their driver’s licenses and ID cards up to date. In most states, expired ID cards can be used if the cards meet certain criteria. ... Some states such as Florida and California allow Notaries Public to accept expired driver’s licenses if they have been issued within the last 5 years. In Oregon, Notaries may accept a driver’ s license or state issued ID card if it has expired in the last three years. In Colorado, satisfactory evidence rules indicate that acceptable forms of identification must be current or expired not more than one year. If your state does not specify any rules or regulations about accepting and expired ID, it is a best practice to accept a current form of identification. See more

Is it OK if a signer has an illegible signature? The most important thing is the individual intends to be bound by what they are signing. So a signature may be made using any name, including a trade name, or by a word, mark, or symbol executed or adopted by a person with present intention to authenticate a writing.

Is it possible for a notary public to notarize documents in a foreign country? This question has two answers. First, no, you may not notarize a document if you are outside your state in another country. Second, yes, a document may be notarized in a foreign country by a notarial officer of that country or by a U.S. citizen taking the document to a U.S. consulate to be notarized by a U.S. consular officer.

Is it illegal for a notary to read a signer's document? No, it is not illegal; however, the Notary should not read the documents they notarize because it is unnecessary and could possibly be a violation of the signer’s privacy. You may scan over the document to obtain the information you need for your journal entry of the notarization.

Do title companies require Signing Agents to have set amounts of E&O insurance? Yes, it is normal for a title company or lender to require a specific amount of E&O coverage that must be carried by the Notaries with whom they contract. So, it is up to the individual companies to set their own coverage requirements.

Trick 5: The fraudster is a respectable person in authority A recent grand jury report out of New York City noted that Notaries were sometimes duped by someone regarded as a respectable member of the community, such as an attorney or a police officer. It’s hard to say no when the signer is a first responder, military servicemember or other influential individual.

Trick 4: The fraudster could plead with you for sympathy One woman met a Notary at the front door and told a sob story about her husband wanting to sign loan documents but had just undergone wrist surgery and the cast on his wrist prevented him from signing like he normally did. The man was an impostor sitting in for the real husband. The Notary bought into the lie, didn’t check the man’s ID thoroughly, and his insurance policy suffered a total loss.

Trick 3: The fraudster could use charm With this strategy, the scammer engages you in pleasant conversation to get you to drop your guard. The intent is to distract you so you won’t look carefully at a bogus ID or question a story that doesn’t quite add up.

Trick 2: The fraudster could ask you for a favor Tragically, the favor often comes from someone you know. One Notary was asked by an employee to notarize her parents’ signatures on a deed conveying their home to the employee even though the parents weren’t present. The employee had forged the signatures and then obtained a loan against the property without her parents knowing it.

Deceiving Notaries 1 of 5 It isn’t always easy for Notaries to spot someone trying to commit fraud whether it’s mortgage fraud, deed fraud or simply elder financial abuse. Because these frauds involve high-dollar value transactions, they typically require a notarization, so scammers need to get a forged signature past the Notary. For the fraudster, the goal is simple: to get you to skip the requirement to have the signer personally appear before you or accept the ID of an i...mpostor. To do this, fraudsters rely on a variety of tricks. Below we describe the first out of five common strategies so that you’ll be prepared to recognize them when they occur. Trick 1: The fraudster could ask you to hurry If your signer says, I can’t wait; I have 5 minutes to do this, the hope is that you will be distracted and cut corners while performing the notarization, perhaps forgetting to obtain proper identification or a signature in your journal.

Notarizing mail-in ballots Depending on individual state vote-by-mail laws, a Notary may be asked to perform one or more of the following acts: - Notarize a signature on a mail-in or absentee ballot application... - Administer an oath or affirmation to a mail-in or an absentee voter - Witness a mail-in or absentee voter complete their ballot - Notarize a voter’s signature on a ballot envelope after the mail-in or absentee ballot is completed and placed in the envelope. - Administer an oath or affirmation to a voter after the mail-in or absentee ballot is completed and placed in the envelope. While voting in 2020 has become complicated, knowing the following important information will keep you on track when asked to notarize mail-in or absentee ballots: 1. Confirm whether your state requires absentee or mail-in ballots to be notarized. Remember that in most states, notarization is not required to apply for or vote absentee or by mail-in ballots. Be sure to familiarize yourself with your state’s Notary laws so you will know if notarization is required and if so, with the proper steps for notarizing vote-by-mail materials are in your state. 2. Be sure you know which voting materials must be notarized and how to properly notarize them. Remember that different states may require different documents to be notarized. Some states may require a voter’s signature to be notarized on the application to request an absentee or mail-in ballot. Others require the voter to sign an affidavit and have the signature notarized before submitting the ballot. If a signer isn’t sure what kind of notarization they need, have them contact your local or state elections agency to ask for instructions. 3. Only charge for notarizing absentee and mail-in ballots if your state permits it. Do not charge a fee for notarizing vote-by-mail related materials if your state law prohibits it. 4. Don’t answer questions about requesting, completing or mailing a mail-in or absentee ballot. Remember, Notaries are not permitted to provide unauthorized advice to signers about the documents they notarize. This includes vote-by-mail and absentee ballots. If a signer has questions about how to ask for, complete or submit an absentee ballot, do not try to answer yourself. Direct the signer to contact the appropriate local or state election agency to request assistance.

Notarizing a foreign language document. State laws generally do not explicitly prohibit Notaries from notarizing foreign-language documents that they do not understand. However, because of the potential pitfalls of notarizing these documents, the NNA recommends that you refer a signer to a Notary who does understand the language. However, if you decided to proceed with the notarization follow this guidance:... - Make sure the signer is willing to sign the document. - Determine the type of document to include in the journal entry. - Determine whether the document is complete. State laws generally do not address whether translators can facilitate a notarial act, but many Notary commissioning and regulating officials prohibit the practice. Arizona is one state that allows the use of translators, but the law does not envision the translator providing a translation of the document to the Notary. On this point, the Arizona Notary Public Reference Manual states, A translator may need to be present to verbally translate oaths or affirmations or to explain a document to a signer if they are unable to read the document prior to having their signature notarized. For the journal entry, California Notaries could simply describe the document as a foreign-language document. But that might not be true for all states. In Texas when notarizing documents conveying land, the journal entry must include the name of the original grantee and the county where the land is located, details the Notary must extract from the document's text. Ultimately, it is the best practice to refer the signer to a Notary who speak the language and make a note of the interaction in your journal.

Can i travel out of state to perform a wedding? A Notary may perform marriage ceremonies, but only for couples within the boundaries of the state where this notary is commissioned. For example, a Florida notary may not perform a wedding in Georgia.

What wording to use for a document going to another state? The Notary can use either the their own state wording or the another state wording, for example a California notary signing a document that would be filed in Texas can use either the California or the Texas acknowledgment certificate. Any document that is acknowledged in another state can be accepted in the State of California if it is notarized according to the laws of the state where the notarization is performed

Who speaks the words for an oath during a jurat, a notary or signer? Either will work. The important requirement is that there must always be verbal communication when administering an oath. If you recite it, make sure the signer responds verbally with a clear "yes" or I do. Because the signer's answer puts them under penalty of perjury, it's important that the signer's response be clearly heard by the Notary.

Can a notary add signer's professional degree to a notary certificate? (i.e. include M.D. after the signer's name) No, you may not include the degree M.D. after the signer’s name in the acknowledgment wording since you may only identify a signer as an individual, and not as a professional. When completing the acknowledgment form, the wording states the signer acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) Thus, if the signer executed the document as a doctor, the wording says as much without the title appearing after their name.

Can I Take Photos Of A Signer's ID? There may be federal or state personal information and privacy laws in play here that govern the collection, storage, and dissemination of personal information that could put you at risk. Most lenders and larger title companies do not want Notaries to take pictures of signer IDs due to the privacy risks. You should know your obligations and rights before accepting an assignment from a company that asks you to take pictures of borrowers’ IDs.

How Do I Record An Undated Document In My Notary Journal? You should not leave the entry space for the document date blank in your journal because law requires the date of the document to be recorded in your journal. In this case, your best course of action is to write No Date in your journal.

Remote Online Notarization Vs. Remote Ink-Signed Notarization (Infographic)

Am I Still Required To Take Thumbprints During The COVID-19 Crisis? Yes, notaries are still required to obtain a journal thumbprint for signers of all powers of attorney, deeds, quitclaim deeds, deeds of trust and any document affecting any real property.