I have encountered situations, particularly with real estate documents, where the venue section (state and county) is already pre-filled on the document with the signer's location.
If I, as the Notary, am physically located in a different state and county than what is pre-printed on the document, and the document cannot be edited, what is the proper protocol?
- Should the notarization not be performed?
- Should I instruct the signer that they must find a Notary who is physically located in the pre-filled state and county?
I want to ensure I am adhering to the highest standards of practice and avoid completing a notarization with an incorrect venue statement. Any further guidance you can provide on this common scenario would be greatly appreciated. — J.W., Florida
In response to your first question, you state that the document cannot be edited. You may be referring to F.S. 117.107(7), which states a Notary may not change anything in a document after it has been signed. If the document has not been signed, you are allowed to edit the venue in the notarial certificate to ensure it is correct. If the document has been signed, the answer to your first question is yes; the notarization should not be performed. Regarding your second question, your solution is one option, but it may require the individual to travel a considerable distance. It may be better to suggest having the document redrawn to allow the Notary to complete the notarial certificate at the time of signing.
For more information, please refer to our guide to correcting Notary certificates.
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
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