Your Cookies are Disabled! NationalNotary.org sets cookies on your computer to help improve performance and provide a more engaging user experience. By using this site, you accept the terms of our cookie policy. Learn more.

Notary Bulletin

Four Common Mistakes Notaries Must Avoid

Notary mistakesIt’s crucial for Notaries to be on guard against careless errors. Mistakes on a notarized document can have serious consequences for signers, ranging from delays in filing legal papers to mortgage applications being rejected.

The Utah Lieutenant Governor’s office listed some common mistakes Notaries make on documents. We take a look at four that can easily trip up Notaries — with suggestions on avoiding them — below.

1. Mixing up different notarial acts.Remember that an acknowledgment is different from a jurat. These two acts are not interchangeable. If the document must be “sworn to” or “affirmed” and signed in your presence, you’ll need to perform a jurat, not an acknowledgment. Performing the wrong type of act could at least require the document to be re-notarized; at worst, it could result in a legal challenge. Always make sure you have clear instruction what kind of notarial act is desired, and remember that non-attorney Notaries may not choose the notarial act for the signer.

2. Failing to require personal appearance. Except in rare, strictly limited situations such as when an attorney in fact represents a principal signer, a signer must always physically appear before the Notary.

Many cases of fraud begin with stories of why the document signer can’t appear before the Notary: “He’s too ill to come into the office.” “The signer is my grandmother and she asked me to get this notarized.” “You’ve been my friend for years — you know I wouldn’t lie to you.” Excuses like this are never justification for ignoring the personal appearance requirement and get the Notary into serious legal trouble.

3. Incomplete certificates. Recording offices list incomplete notarial certificates as a common reason for rejecting documents, and failing to write the signer’s name into the notarial certificate is a typical example of this. Make sure that the signer’s name is entered correctly in the notarial wording. It’s also common for Notaries to accidentally omit the venue where the notarization took place on the wording — or even forget to write and sign their own name in the wording. Always check to be sure you’ve included all the required information in the notarial wording.

4. Failure to require proper ID. Always make sure that the signer provides satisfactory evidence of identity in accordance with your state’s Notary laws. In jurisdictions that don’t set specific guidelines for identification, the NNA recommends requesting a current ID that includes a photograph, description and signature of the signer.

David Thun is an Associate Editor at the National Notary Association.

Comments

Add your comment

Ann Phillips

13 Aug 2014

Thanks for the information, yes it is all crucial to get it right, thanks, Ann

Leave a Comment

Required *

All comments are reviewed and if approved, will display.