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Notary Bulletin

Hotline Tip: Can I Notarize The Signature Of My Spouse?

NNA Hotline Tips For NotariesCan a Florida Notary notarize his or her spouse's signature if the spouse is acting as a Trustee but the Notary is not a party to the transaction? Furthermore, can a real estate agent notarize loan documents for the buyer(s) when he or she is the real estate agent in the transaction? – P.L., Tallahassee, FL

A Florida Notary may not notarize for a spouse, son, daughter, mother or father (FS 117.107[11]). The capacity in which the spouse is acting has no relevance.

A Notary should not perform any notarization related to a transaction in which that Notary has a direct financial or beneficial interest (FS 117.107[12]). A financial or beneficial interest exists when the Notary is individually named as a principal or beneficiary in a financial transaction or when the Notary receives an advantage, right, privilege, property or fee valued in excess of the lawfully prescribed notarial fee. Since real estate agents receive a fee for their professional services, they may not notarize any documents related to the real estate transaction in question.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. –The Editors

 

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call (888) 876-0827, Monday through Friday, 5 a.m. to 7 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST

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Brenda J Barefield

15 Jul 2014

A clerk at the Alachua County Courthouse told my daughter that I could notarize her self divorce filing. If I am not mentioned in the divorce would that be legal for me to notarize her signature? I felt she is getting bad info. and they charge $3.00 per signature to notarize for her.

National Notary Association

16 Jul 2014

Hello Brenda, thank you for your question. Florida state law prohibits a Notary from notarizing signatures for a spouse, son, mother, daughter or father (F.S. 117.107[11]). Your daughter would need to find another Notary to notarize her signature on the documents in this situation.

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