Q. What is a notary public? |
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A. A notary
public is a state official who works independently to notarize signatures on
documents, administer oaths & affirmations, certify copies of certain
documents, and in some states write affidavits, depositions, and protests.
The most important purpose of the notary public is to make sure that the
person who signed the document is properly identified and that there is a
permanent record of the information pertinent to the signing in the notary
journal. Please keep in mind that state laws differ and that not all
notarizations in all states require identification. This is a generalization
that is made to be helpful for people to understand the general reason why
the notary profession exists. |
Q. Can a notary notarize if the signer
is not present? |
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A. No, the
signer must personally appear before the notary public. Some states allow a
Proof of Execution where another person can appear before the notary and
swear that a third party signed a document. |
Q. Can a notary notarize if the signer
doesn't have identification? |
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A. State laws
vary on this point. Many states allow the notary to "personally know" the
signer and notarize them without identification. Generally, a signer should
have valid government issued identification such as a current drivers
license, state ID, or passport. Some states allow credible witnesses to sign
the notary journal and identify the signer. |
Q. Can a social security card, credit
card, or marriage license constitute positive identification? |
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A. No.
Generally, in most states, a proper identification should be a picture ID
with a signature, physical description, and expiration date. A credit card
with a picture does not meet all of those criteria, nor do the other
choices. |
Q. Who can
be a credible witness? |
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A. An
uninvolved person ( someone not mentioned in the document and not a family
member ). Neighbors and friends are commonly used. The biggest problem with
credible witnesses is that they might know the signer as "Fred" and not
really know what his middle initial or last name are. |
Q. What if a person's name on the ID
and the document don't match? |
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A. If the
name on the ID includes the name on the document, but is longer, then you
can proceed. However, if the name on the ID is different, or shorter, then
you need credible witnesses |
Q.
Capacities? What is that? |
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A. A capacity
is the signer's job or position they are signing as. They could sign in
their capacity as an individual, or if they are an attorney, then in their
capacity as an attorney. Company president would be another capacity. Check
your state laws to see if a notary can legally certify or verify a person's
capacity, but on notary certificates, a notary is allowed to document the
signer's capacity. |
Q. Can a notary notarize part of a
document? |
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A. If the
notary sees that pages are missing from the document, or if the notary is
only given the signature page of the document, that is not acceptable. The
document must be in one piece ( stapled together ) and the notary
certificate must be "attached" which means stapled. |
Q. Can a
signer add pages to a document that has already been notarized? |
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A. No. The
signer would have to put together a brand new document with the new page and
have the whole unit notarized. Smart notaries carry an embosser which leaves
a raised seal and emboss all pages of all documents notarized during their
commission. That way, if a page is swapped after the fact, it can be proven
that its a swapped page and not an original. |
Q. Can a
notary backdate? |
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A. Backdating
means to record that the notarization took place on a date earlier than the
notarization actually took place. It is a crime to backdate. No matter how
badly your desperate clients need you to backdate, don't do it. You could
lose your commission. If the notarization takes place around midnight,
either date would suffice, although its best to look at your watch when they
complete their signing of the journal and base the date on that event. |
Q. Can a notary public notarize
foreign language documents? |
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A. Most
states will allow a notary to notarize documents written in a language other
than English providing that the notary section is in English. The notary,
however, must be able to communicate with the signer without a translator. |
Q. Can a notary certify a translation? |
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A. No.
However, the signer can write a statement and swear under oath that the
translation is accurate if the signer needs something in writing that is
notarized. Then you are the ones certifying the translation, not Notary. |
Q. Can a notary notarize for an
elderly person who can not sign their own name? |
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A. There is a
signature by mark or by "X" procedure allowed in many states. This requires
two subscribing or signing witnesses to be present, sign the journal, and
each witness writes part of the signer's name on either side of the X. Make
sure the signer can communicate and knows what they are signing just in case
the loving family members who requested you are trying to defraud the
signer. |
Q. Can a notary notarize without
adding a notary certificate? |
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A. A notary
certificate is a piece of paper with wording on it. The wording for each
particular notary act ( varies state by state ) must be either part of the
document ( at the end of the document generally or after the signature
section ) or attached ( stapled ) as a certificate generally to the back of
the document. |
Q. Can Notary notarize a certified
copy of a birth certificate? |
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A. No.
However, many notaries do what is called a copy certification by document
custodian which is where the signer swears that the copy is a true, correct,
and complete copy of the original. |
Q. Can a notary notarize a certified
copy of a marriage certificate? |
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A. No.
However, many notaries do what is called a copy certification by document
custodian which is where the signer swears that the copy is a true, correct,
and complete copy of the original. |
Q. Can a
notary notarize a death certificate.? |
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A. No.
However, many notaries do what is called a copy certification by document
custodian which is where the signer swears that the copy is a true, correct,
and complete copy of the original. Notaries can not make certified copies of
vital records. Its best to ask the government office who is the custodian of
the document to give you a copy. |
Q. Can a Notary notarize a copy of a
passport or university transcripts? |
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A. Many
notaries do what is called a copy certification by document custodian which
is where the signer swears that the copy is a true, correct, and complete
copy of the original. |
Q. Can a Notary notarize a document
with blanks in it? |
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A. You should
either have the blanks filled in or crossed out. A document with blanks in
it invites the content of the document to be changed after its signed which
would be a liability for a notary public. |
Q. Can a notary advise the signer as
to what type of notarization to do? |
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A. The notary is not allowed to
give legal advice and choosing the type of notarization would constitute
legal advice. |
Q. What are some common documents that
a notary would notarize? |
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A. Loan
documents including deeds of various sorts, affidavits, contracts, powers of
attorney. Immigration documents that can be notarized would constitute
affidavits of support, and please check with your state notary division
regarding other immigration documents as this is a sensitive issue. For
signers traveling to Mexico, affidavits of citizenship are common, as well
as parental consent forms for children to travel accompanied by only one of
the parents or another adult. |
Q. What if the content of the document
is wrong? |
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A. Its not the notary's business
to establish if a document is correct or not, so long as its complete and
signed. |
Q. Faxed documents? Can we notarize
them? |
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A. Yes, providing the signature
is fresh and not faxed. |
Q. What is a loan signer? |
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A. Loan
signer is a type of mobile notary who is experienced and knowledgeable at
facilitating loan signings which generally take place in a borrower's house
at their dining room table. |
Q. What if the name on the document
needs to be changed per the lender's instructions? |
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A. Initial
the changes under the last several letters of the typed last name and the
processor will write in or type the correct name. Then have the borrower
sign the way the lender requests. Some processors will even be kind enough
to forge your signers initials as a courtesy to themselves. |
Q. Can the notary explain the terms of
a loan? |
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A. No, that
would constitute giving legal advice which is prohibited. A notary can
explain where certain pieces of information are, but can not interpret a
document even if they are well trained in loan documents. A notary also
should not let the borrower when the loan will fund, even if the lender has
told them. The borrower must be referred to the lender for all specific
pieces of information relating to their loan. Just say, "Please ask your
lender". |
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