Notaries Public play a critical role in preventing fraud and ensuring document integrity. However, even minor notarization errors can lead to serious legal consequences, including lawsuits, financial penalties, or the loss of a commission.
In this guide, we cover the 5 most common Notary mistakes and how to avoid them to protect yourself and your signers:
- Failing to require personal appearance by the signer
- Not keeping a proper Notary journal record
- Improper signer identification and ID verification errors
- Errors when completing Notary certificate wording
- Failure to secure your Notary tools
1. Failing to require personal appearance by the signer
Experts all agreed that failing to require a signer to personally appear before you is the most common mistake that lands Notaries in legal hot water. Notarizing without a signer’s personal appearance is a violation of law in every state and territory, and can result in major financial and legal penalties.
Lori Hamm, Notary Compliance and Education Officer for the Montana Secretary of State’s Office, described a case in which a man claimed his signature was forged on a notarized quitclaim deed filed during divorce proceedings. The Notary admitted that she had performed notarizations in the past in which she spoke with signers by telephone to ask whether they had signed documents. The Notary’s commission was suspended.
How to avoid this mistake: Always require your signers to personally appear for every notarization.
2. Not keeping a proper Notary journal record
Too many Notaries fail to keep a record of their notarial acts, especially in states that do not require it.
But that’s a problem because a properly maintained journal is your best protection if someone makes a claim against you, said California attorney Richard Busch, who has represented many Notaries in legal actions.
Failing to record information in the journal when the law requires it can be a problem, too. One Notary in a state that requires a journal thumbprint neglected to obtain the signer’s thumbprint in what turned out to be a forgery. The Notary’s insurance carrier paid out a full loss on the Notary’s E&O policy.
How to avoid this mistake: Always keep a journal record of your notarizations. When making a journal entry, always include all information required by your state laws.
3. Improper signer identification and ID verification errors
“Unless the signer personally appears and presents a valid ID, the Notary just cannot do the notarization. Period,” Busch said. Otherwise, they will likely end up being sued, since there is likely fraud being perpetrated.
How to avoid this mistake: Always be sure to properly identify a signer using satisfactory proof of identity.
4. Errors when completing Notary certificate wording
While writing incorrect information on certificate wording or forgetting to include information is often done accidentally, it’s a situation that can cause major headaches for a signer and trouble for Notaries if a problem arises with the document.
For example, Hamm described that if a Notary doesn’t properly complete the wording on documents for a car purchase, the buyer may not be able to take title and must spend time tracking the Notary down to take ownership. Be especially careful with business transactions, Hamm warned, because if someone loses money as a result, they are likely to hold the Notary responsible for any money lost. “Not paying attention to notarial wording and the law gets you in trouble,” she said.
How to avoid this mistake: Take your time and make sure you have correctly completed the Notary certificate wording during a notarization. Before the signer leaves, check the certificate to make sure you haven't forgotten anything or entered any incorrect information.
5. Failure to secure your Notary tools
Allowing others to use your Notary seal, or failing to properly secure it, can be damaging.
Two Notaries in different states found this out the hard way. In both cases, their signatures appeared on documents they denied notarizing. The only other alternatives weren’t much prettier. Either the Notaries failed to secure their seals, allowing someone else to use them, or they intentionally allowed others to improperly use them.
One Notary settled out of court, and the other’s insurance carrier settled the claim by compensating the victims.
How to avoid this mistake: Never leave your Notary tools unsupervised, and never let anyone else use your Notary seal. When not in use, be sure your Notary tools are stored in a secure area according to your state’s Notary laws.
Notary Mistakes FAQ
Q: What is the most common Notary mistake?
A: Failing to require personal appearance is one of the most frequent and serious violations.
Q: Can a Notary be sued for mistakes?
A: Yes, Notaries can face lawsuits, financial liability, and loss of commission.
Q: Is a Notary journal required in every state?
A: No, but keeping one is strongly recommended for legal protection.
Avoiding these common Notary mistakes can protect you from legal risk and help maintain public trust in notarized documents. By following proper procedures, keeping accurate records, and staying informed about Notary laws, you can perform your duties with confidence.
David Thun is the Editorial Manager with the National Notary Association.
Related Articles:
What to do if your Notary seal or journal go missing
Additional Resources:
NNA Hotline