Updated 8-4-21. As an experienced instructor for Notary Signing Agents, I can tell you that it is just as important for new Notary Signing Agents to avoid bad habits as it is to cultivate good ones. Over the years, I’ve seen NSAs do many things that they shouldn’t. Sometimes they skip steps. Sometimes they take shortcuts.
Here are 8 common bad habits every Signing Agent should avoid.
1. Asking to follow other Notary Signing Agents on assignment
One of the biggest no-nos is asking to accompany other Notary Signing Agents on their assignments. This is fairly common among new NSAs trying to get practical help learning the ropes. But newbies shouldn’t ask, and experienced NSAs should not agree.
All Signing Agents need to be aware of the importance of protecting consumer privacy in our profession. Taking strangers with you to signings where they can see a borrower’s address, contact information and financial documents is NOT a good idea, even if you ask the signer’s for permission. Having a stranger at the signing table allows the stranger access to the borrower’s personal and financial information and is a serious breach of privacy — and would not go over well with the signing services and titles companies that hire NSAs.
2. Neglecting to administer required oaths or affirmations
Even some experienced and seasoned Signing Agents fail to administer required oaths or affirmations to signers during assignments, and this is a HUGE mistake. If you are ever called into court to testify when someone has been accused of fraud (for example, for allegedly making a false affidavit), the judge may ask if you correctly administered an oath or affirmation. To make sure that you always fulfill your duty as the Notary, always administer an oath or affirmation when required AND note it in your journal — that way, you always have a record of your actions.
3. Completing Notary certificates outside the signer’s presence
One of the questions students often ask me is, “Why do you insist that we only sign and stamp our certificates in front of the signers?” They tell me about other Notaries who improperly complete certificates before appointments to make the process go faster. My answer to them is that in most, if not all states, it is a requirement to complete the certificate at the time the notarization takes place. This proves that the document was both executed and notarized at the same time and in the presence of the signers.
4. Failing to keep a Notary journal
Not every state requires Notaries to keep a journal of their acts. However, no matter what state you are commissioned in, it is always helpful to maintain a journal. Your journal provides detailed information about the notarizations you have completed. If you are ever asked to testify in court about a notarization you performed, the journal is your evidence that you carried out your duties the right way. Imagine a judge asking you about a notarization you completed months or years ago. Do you think you could remember all the details about that act without your journal?
I also use my journal to help remember vital details I may need later, such as the fact that I issued a required Oath or Affirmation, or any observations I had about the willingness or awareness of an individual signing important documents. Your journal can be your best friend if you need proof to show you performed a notarization correctly and professionally!
5. Failing to carefully verify identification
One of the things that I have found over the years is a lot of Notaries simply note in their journal the information printed on the identification, such as the issue date, expiration date, etc. However, it is just as important that Notaries compare the photograph, the description, and signature on the identification to the person signing the documents before them. It is imperative to take extra precautions when verifying the identity of a signer.
6. Being late to a signing
Going through the process of purchasing a home or refinancing a property is very stressful and time-consuming. A typical borrower is anxious to have this process come to an end, and therefore, they are very anxious for the Notary Public to come to their home to complete this process. Notaries need to understand how important it is that you be on time for your appointment. If your appointment is at 6:00 PM, I guarantee you that the borrowers are going to be watching and waiting for you. If you are late, even as little as five or 10 minutes, they become very anxious and worried that you are not going to come at all. So, if you are going to be late it is imperative that you call the borrowers and let them know your situation and your anticipated arrival time. They will very much appreciate your concern and your professionalism.
7. Leaving your tools unattended if you need to step away from a signing
Over my 14 years as a Notary Signing Agent, I tried to not use bathroom facilities in any of the homes I visited for signing appointments. However, there were times when I had back-to-back appointments with no opportunities to stop and use restrooms along the way. When this happens, you must do one thing besides politely asking to use the restroom. You must not leave your journal or your stamp unattended while in the restroom. You must always protect those most important tools by taking them with you and making sure they are secure if you have to step away from the signing table.
8. Drama or negative behavior during a signing
I have heard of NSAs who may be going through some difficult times and express their unhappiness and their difficulties to borrowers while at the signing . This is unacceptable no matter what you are going through in your personal life.
One of the things I enjoyed so much was my interaction with the people that I would spend that hour or two with. Oftentimes it would become almost a social event, getting to know people, sharing experiences, and just spending some quality time with people. Doing this is fine, and it makes this job enjoyable. But never bring negativity or drama to the signing table.
Carol Ray is the owner of Notary2Pro, a training service for Notaries and Signing Agents that has been in operation since 2009.