1. What are the general powers/functions of a Notary Public?

 A Notary Public acts as an official witness appointed by the state government to witness the signing of important documents and to administer oaths.  A Notary is authorized to witness or attest a signature, administer an oath or affirmation, certify an oath or affirmation, take acknowledgements, and certify or attest a copy (in limited cases).  Every state has their own Notary guidelines and codes, administered and maintained by each Secretary of State.

 2. What is a Notary Loan Signing Agent?

A Notary Loan Signing Agent is a Notary with experience witnessing loan document signings.  A Notary is hired as an independent contractor by either a real estate lender, a closing agent, title/escrow firm, signing service, or the borrower to deliver documents, present each page in the package, ensure that documents are initialed and signed as necessary, notarize where required, and return the signed loan documents for processing.  Many borrowers do not realize that in many cases they may select their own Notary to perform this service, which is something they need to discuss with their escrow or title officer.  I have often been requested by borrowers directly to be the Notary assigned to their loan closings.

3. Why are documents notarized?

Documents are notarized to defer fraud and to create a public record.  Once a document is signed before a Notary Public, who is an impartial and responsible public official, it could be recorded by a county clerk, entered as evidence in a courtroom proceeding, or used in other legal and government functions.  A Notary Public also takes steps to confirm the identity of the signer when necessary.  Also, a Notary will observe for signs that the signer is signing documents knowingly and willingly.

 4. How much does it cost to have something notarized?

Fees for notarial services are mandated by each state.  In addition to the fees for each notarization, travel fees will also apply for instances when a Notary travels to your location for a notarization.  Loan documents signings require much more than the notarization involved and fees are on a case-by-case basis.  Please call for more information about fees.

5. What types of identification are required?

Typically, a current government ID or one issued within the last five years is acceptable.  All IDs must have a physical description, photo, serial number and signature.

6. Are Social Security cars, birth certificates, or marriage licenses acceptable forms of ID?

No.  They do not meet the above requirement.

7. Does the name on the document have to match my ID exactly?

Not necessarily.  However, the name on the document can be no more than the name on the ID.  For example, if the name on the ID is “Jane Alice Doe,” the document can bear the names “Jane Doe,” “Jane A. Doe,” “J.A. Doe” but not “Jane B Doe,” “Jane Brown-Smith,” or “J.B. Smith.”

8. Can I sign the document before the Notary arrives? 

It depends.  A document that needs a Jurat (usually an oath or affirmation, depending on what the issuing party has requested) must be signed in the presence of the Notary.  Documents that require an acknowledgement require only that the signer appear before the Notary and acknowledge that they did indeed sign the document.  If it was virtually impossible to appear personally a "Subscribing Witness" may be used.  The Subscribing Witness must be someone the Notary personally knows.  The Subscribing Witness has to have witnessed the signer signing the document.

9. Can you give me advice on which type of notarization I require? 

No. However, generally speaking, the wording on the document indicates which type of notarization that is required.  When in doubt you should contact the person requesting the notarization or the receiving agency.

10. May a Notary assist me in drafting legal documents or give me legal advice?

No. All states prohibit non-attorneys from practicing law.  A Notary can not be held liable for any damages resulting from an incorrectly chosen certificate or notarization.

11. Does notarization mean that a document is "true" or "legal"?

No. Notaries are not responsible for the accuracy or legality of a document they notarize.  The signers are responsible for the content of the documents.

12. Can my document be in a foreign language?

Yes, as long as the document has been completely filled out and there are no blanks, and the signer can communicate with the Notary.  The Notary is not responsible for the content of the document, and therefore does not need to be able to read it, only to be able to confirm that it contains no blanks.

13. I am sending my notarized documents to another country.  Will this notarization be valid there?

The documents will be valid only if it is accompanied by an apostille.  Official documents being sent from the United States to any country which is a member of the Hague Convention require an apostille in order to be effective.  Depending upon your needs, an apostille from the Secretary of State may be sufficient or you may choose to have the embassy or consulate of the country the document is going to apostille the document also.  If the country in question is not part of the Hague Convention, documents require a legalization which is also preformed by the Secretary of State.

14. Can a faxed document be notarized?

Only if it bears an original signature after it has been faxed.  Under no circumstances can a faxed or photocopied signature be notarized.

15. Can my document contain blanks?

No. A Notary may not notarize a document that is incomplete or contains blanks.

16. Can a Notary notarize a birth certificate or photograph?

No, the Notary cannot notarize either a birth certificate or Photograph.  You will have to get a certified copy of the birth certificate from the county.  However, you can sign the bottom of a photograph with a statement such as "this is a photo of myself..." and the Notary can notarize your statement and signature.

17. May a Notary refuse to serve someone?

The Notary shall, as a government officer, public officer and public servant, serve all of the public in an honest, fair and unbiased manner.  A Notary may refuse service in cases where there is suspicion of fraud or there is uncertainty of a signer's identity, willingness or competence.  A Notary may not discriminate on the basis of race, religion, gender or nationality.

18. May a Notary prepare or notarize immigration papers?
Only a few immigration forms must be notarized, such as the Affidavit of Support (1-134, I-864), but the U.S. Immigration and Naturalization Service (INS) regulations state that no one may prepare or file another person's immigration papers unless he or she is an attorney or a U.S. Department of Justice-approved "accredited representative." Notaries may provide clerical, secretarial or translating assistance with INS forms as long as they do not provide legal advice, and then may notarize these forms.

19. Is a Notary the same as a Latin Notario Publico?
No. In Latin countries, the Notario Publico is a high-ranking official with considerable legal skills and training. Unlike the U.S. Notary, the Notario Publico drafts documents, provides legal advice, settles disputes and archives documents.

20.  Where can I report unethical or unprofessional Notaries?
Any wrongdoing or illegal activity should be reported to law enforcement and the appropriate Notary-regulating state official (typically the secretary of state, governor, lieutenant governor or attorney general).