Notaries play a crucial part in life’s big events, such as purchasing a home, financially safeguarding your family, and making documents official. They are present when wills, property deeds, and powers of attorney are signed. They administer oaths and receive official declarations. They make certified copies of valuable documents such as diplomas, passports, and birth certificates.
Notaries Endeavour to protect their neighbors and communities by preventing fraud. However, there are hazards associated with becoming a notary, which can result in litigation if shortcuts are made or facts are neglected.
These are seven main reasons notaries get sued — plus instances of scenarios inside the field that notaries should be aware of. Here are some examples of notary blunders that might get you in hot water.
- The first mistake does not know their position
Notaries frequently sell themselves short by failing to recognize the authority and power bestowed upon them by the state. They frequently see themselves as “merely witnesses” to signings. While witnessing signatures is a vital role, it is not a notary’s primary function. A notary is a public official who is appointed and commissioned to administer oaths, take acknowledgements, and execute other legal tasks. The focus here is on the notary as a public officer with the authority to undertake official actions on behalf of the State. Notaries prevent and discourage fraud by executing their important tasks.
- Failing to distinguish between oaths and acknowledgements
When a person is required to make a sworn declaration, either verbally or in writing, he normally seeks the assistance of a notary public. The mobile notary is primarily responsible for correctly identifying the person and giving a verbal oath to the person. If the sworn testimony is written, the notary will also witness that person’s signature and produce a written record of the incident in a notarial certificate. Notaries frequently fail to administer the oath, causing the document to be ruled void by the court or rejected by the receiving party.
Some papers may not need the signer to swear to the veracity of the document’s contents. Instead, the signer must freely affirm to an authorized person that he understands the document and is signing or has signed it. Again, the “approved person” is a notary public, a state-appointed professional authorized to collect acknowledgments. The notary is responsible for recognizing the signer, determining the signer’s comprehension of the document and desire to sign, and preparing the requisite notaries certificate. The notary may or may not actually witness the signing of the document in the event of an acknowledgement; nevertheless, the signer should always be personally present when the notary completes the notarization.
- Failing to meet the presence criterion
One of the most important ways a mobile notary avoids fraud in written transactions is to compel the document signer to be in person before the notary at the moment of notarization. In reality, it is against the law for a notary to notarize a signature if the signer is not present. Violating the physical presence requirement may result in monetary loss for the victim, leading to a lawsuit or claim against the notary’s bond. When requested to conduct a special favor for a cousin, friend, or boss, notaries are frequently led astray by the law. Remember that there is no exemption to the presence requirement for every notarization, and the consequences of failing to meet this need can be severe.
- Failing to complete a notary certificate
The notary is required by law to make a written record of the notarial act in the form of a certificate or statement including certain information. It is never acceptable for a notary to simply sign a document and attach the notary seal—this is a meaningless act and an inappropriate usage of the notary seal.
Conclusion
Whether it is mobile notary 24/7 must make a written record of the notarial act in the form of a certificate or statement that includes specified information, as required by law. It is never permissible for a notary to merely sign a document and affix the notary seal—this is a meaningless act and improper use of the notary seal.
