Common Mistakes Notaries Should Avoid!

Jan 27

Notaries play a crucial role in the legal system as neutral witnesses to the signing of legal documents. One of their primary duties is to prevent fraud by verifying the identity of all signers involved in a transaction. It is the responsibility of notaries to ensure that any notarizations they complete are error-free and accurate.

In this article, I will examine some of the most frequent errors made by notaries and provide helpful tips for avoiding these potentially expensive mistakes.

Here are the top most common errors made by notaries:

1. Failing to Check ID Properly.

As a notary, confirming the identity of signers is critical to your job. It is essential to only notarize documents for individuals whose identity you can verify. Failing to identify the signer properly can result in legal problems and fraud. As a reputable public official, protecting the public and maintaining the notarial process's integrity is imperative. Always ensure that the signer provides a government-issued identification and verify the photo on the ID with the signer's appearance. Don't forget that verifying identity is not an optional step in the notarization process but an obligation that should be taken seriously.

2. Notarizing Without the Signer Present.

Notaries public should never sign off on a signature unless the person appears before them in person. If a notary makes this severe mistake, their commission could be suspended or revoked, and they may face civil or criminal penalties if the error leads to fraud or loss. Therefore, it is crucial for notaries to stand firm and refuse to notarize documents without the signer present, even when pressured by friends or employers. Instead, notaries should educate others about the severe consequences of disregarding proper notarization procedures. By doing so, notaries can help maintain the integrity of the notarization process and preserve their professional reputation.

3. Failing to Date the Notarial Certificate with the Current Date.

A notarial certificate that is not dated or is dated incorrectly can nullify the entire notarization process. To illustrate, a signer may have signed and dated the document earlier during the acknowledgment process. Still, it is your responsibility to date the notarial certificate on the actual date you took the acknowledgment. This practice guarantees that the notarial act is legitimate. As a conscientious notary, paying attention to every detail and following the appropriate notarial procedures to prevent legal problems is vital.

4. Failing to Complete a Notarial Certificate Properly.

Leaving blanks or failing to complete a notarial certificate can cause the notarial act to be deemed invalid. To avoid this, here are the essential elements that must be included in a notarial certificate:

The venue specifies the city/town, county, and state where the notarial act occurred.
The date the notarization was conducted.
The notary's seal.
The notary's signature.

Before performing notarizations, always double-check the notarial certificate to ensure that all required elements have been filled in correctly.

5. Notarizing with an Expired Notary Commission.

The Consequences of Notarizing Documents with an Expired Commission
Notarizing documents after your commission has expired can result in serious legal repercussions. Your notarization will likely be invalidated, and you may face civil or criminal penalties.

Follow these tips to avoid this mistake:

Create a reminder on your phone to keep track of your commission’s expiration date.
Join a professional association, like the National Notary Association or American Association of Notaries, which will notify you when your commission expiration date is approaching.
Submit your renewal application as soon as possible. Depending on your state, you may be able to renew your commission up to ninety days before it expires.

Don't take any risks—renew your notary commission on time.

6. Not Keeping a Notary Journal.

While not required in every state, I strongly advise maintaining a journal of all notarial acts to protect yourself in case of false allegations of notarial misconduct or a court subpoena.

If your state does not specify what information to include, be sure to note the following details at a minimum:

The date the notarization was performed.
The type of notarial act completed.
A brief description of the document.
The name and address of the signer.
The type of ID presented (personally known, oath of a credible witness, or the type of identification document presented).
If a credible witness is employed, the name and address of the credible witness.
Any costs incurred.

Notaries can demonstrate their professionalism and commitment to maintaining accurate and detailed records by keeping a notarial journal. This straightforward step can provide valuable protection for the notary and their clients.

7. Understanding Your Role as a Notary: Boundaries and Responsibilities

As a notary, it is crucial to know your boundaries and responsibilities. Under no circumstances should notaries who are not licensed attorneys provide legal advice or imply that they are attorneys in their advertising. It is illegal to practice law without a license, which can result in criminal penalties for notaries who do so. To avoid legal issues, it is essential to avoid any activities that may be mistaken for legal advice or representation. Remember that your role is to witness the signing of documents, not to provide legal advice. It is vital to avoid the unauthorized practice of law by never:

Offering legal or immigration advice.
Creating legal documents.
Instruct your client on which notarial certificate to select. (However, you may allow your client to choose a loose notarial certificate from your inventory independently.)
Use the word “Notario” or translate the word notary into a non-English language in any advertising promoting your services. (This can mislead clients into believing you are an attorney.)

8. Avoiding Delays and Frustrations with Legal Instrument Recordings,

When recording legal instruments, missing or unclear notary stamp impressions can cause significant delays and frustration for all parties involved. However, following a few simple steps can help you avoid these issues:

Ensure that your notary stamp is inked correctly.
Test your notary stamp on a blank paper before using it.
Place the document on a firm, flat surface.
Do not place the notary stamp impression over any text.

It is important to note that altering the notary stamp imprint with a pen is not advised, as this may invalidate the document.

9. Best Practices for Storing Notary Equipment.

As a notary, it is crucial to maintain the security and integrity of your notary stamp and journal. Failure to do so can result in fraudulent activity, legal consequences, and damage to your professional reputation. I strongly recommend following these guidelines to prevent such risks for securely storing your notary equipment.

Avoid storing your stamp or journal in your car.
Always keep your stamp and journal in a locked drawer or safe.
Never entrust your stamp or journal to anyone else.

Remember, safeguarding the confidentiality of your notary seal, stamp, and journal is critical to your success as a notary.

10. The Crucial Role of Notaries in the Document Signing Process.

Notaries are an essential component of ensuring that documents are signed willingly and for their intended purposes. Notaries can prevent fraudulent activity by verifying the signer's competency and willingness. It's essential to refuse to complete the notarization if the signer is intoxicated, incompetent, or under duress. You can ask a few simple questions about the current date and president’s name to evaluate the signer's competency. Adhering to these standards helps maintain the integrity of the notarization process and prevents fraudulent activity.

11. Notarizing for Close Relatives: What You Need to Know.

If your state doesn't have clear guidelines on notarizing documents for close relatives, it's better to be safe than sorry. Avoid notarizing altogether, as it risks creating a conflict of interest, even if it's not immediately evident. As a responsible notary, you must inform your close relative to seek another notary to avoid potential conflicts of interest. Close relatives may be spouses, parents, children, siblings, and other family members.

12. The Importance of Staying Informed for Notaries.

To stay current with changing laws, frequently visit your State of Secretary website or consider joining professional associations such as the National Notary Association or the American Association of Notaries. You can receive regular newsletters and updates on notary laws, ensuring that you stay informed of changes in the profession. By keeping your training and knowledge up-to-date, you can provide better service to your clients and maintain a professional and trustworthy image.

Notaries must stay informed, be diligent, and strictly follow the standards and laws regulating notarial acts in their jurisdiction to guarantee that notarizations are valid and error-free.

By avoiding common notary mistakes, you can fulfill your role as a notary public and help safeguard the public against fraud.