Legislative, Judicial Measures Mark Sweeping Changes For Illinois Notaries And Employers

Penny Cooper, administrator for the Index Department's Notary Division, witnesses the signature of the new Governor of Illinois, Pat Quinn, who signs her Notary Journal.

Culminating a major effort to reduce mortgage fraud and increase consumer protection across the state, three new mandates for Illinois Notaries — two legislative and one judicial — have not only imposed new responsibilities on the state’s Notaries, but also expanded the duty of employers to ensure that their Notary-employees use notarial practices that do not risk harm to the public.

These measures significantly affect every Notary and business employing Notaries in the state. It is critically important that all Notaries and their employers become familiar with these new rules and standards. Accordingly, the National Notary Association has worked closely with state and county officials to make available authoritative training on the new requirements.

The first measure involves statutory changes to the Illinois Notary Public Act, establishing a four-year, anti-fraud program that goes into effect June 1, 2009. Enacted by the Illinois General Assembly last year as Senate Bill 546, the new law significantly changes the way Notaries must handle certain residential real estate transactions in Cook County by requiring them, for the first time, to create a "Notarial Record" for the notarizations and to obtain a thumbprint for each signer — a service for which they can charge $25. Significantly, this new law applies to every Notary in Illinois who notarizes such a conveyance for residential real property in Cook County.

This new requirement imposes several unusual responsibilities on Notaries. For example, unlike traditional records of notarial acts, which remain in the Notary's custody, Notaries in Illinois employed by title companies, financial institutions or law firms must turn over each Notarial Record to their employer for archiving, while independent Notaries are required to file Notarial Records with the Cook County Recorder of Deeds.

Second, additional statutory changes have been made to the Illinois Notary Public Act by SB 546 that affect every Notary in the state in every acknowledgment, verification upon oath or affirmation, or signature witnessing performed. The new law provides a new definition of satisfactory evidence of identity.

The third mandate is a precedent-setting Illinois Court of Appeals ruling of last December regarding a lawsuit filed against an employer of Notaries that has significant implications for businesses throughout the state — and potentially the nation. The ruling — which held the company and one of its Notaries liable for negligent deviations from Notary best practices — amounts to a significant expansion of the common law duty of employers to ensure that their Notaries follow proper practices that do no harm to the public.

While these three changes and their ramifications are complex, this Web site provides access to all of the information, training opportunities and essential supplies Notaries and businesses will need to perform their new duties confidently and professionally. The NNA stands firmly in support of Illinois Notaries and their employers as we enter this important new era of professionalism, fraud prevention and consumer protection.