Common Notary Mistakes and How To Avoid Them

You've been through the motions of getting a document notarized, and we all know it’s not as easy as it sounds. Notarization is mainly used as a fraud control strategy, an extra layer of protection to guarantee any documents are properly processed. 

From seasoned notaries to fresh graduates, anyone can make an error that can render a document invalid. At Notarizr, we can help out with that by providing you with what to consider to avoid the most common mistakes that can happen around the notarization process. This blog will guide you about common mistakes that even professional notaries can make.

1. Inaccurate or Incomplete Notarial Certificates

A notarial certificate is that section in which a notarial act is attested. Inaccuracies in that section, i.e., facts are either omitted or phrased inaccurately, are not uncommon. The office of the Utah Lieutenant points out that notarial certificates with omission of dates, venue, names, or signatures are typical notarial errors. 

To prevent that, have a complete as well as accurate certificate. In case a paper is not notarial-certified, approach the signer in order to determine a suitable notarial act as well as stamp the appropriate certificate. Notaries are not supposed to select the type of notarial act on a signer's behalf.

2. Notarizing Incomplete Documents

Notarizing a document with spaces can lead to illegal additions after notarization. Careful scrutiny of documents is necessary, with all fields filled in before notarizing. In case some fields are left blank on purpose, draw a line through them or add comments in order not to allow additions in the future.

3. Not Mandating Personal Appearance

One of the essential notary requirements is having the signer physically present at the notarization. The office of the Utah Lieutenant Governor points out that a majority of notarization fraud cases originate with a signer not physically present. Personal appearance is important in order to determine that the signer is present voluntarily. Be in compliance with state requirements on personal appearance at all times in order to preserve the notarization.

4. Inadequate Identification of Signers

Properly identifying the signer is vital to prevent fraud. Acceptable identification typically includes government-issued photo IDs. Ensure the ID is current and matches the signer's appearance. Some states have specific lists of acceptable identification; familiarize yourself with your jurisdiction's requirements to avoid errors.

5. Misuse of Notary Seal and Journal

The use or absence of a notary seal will invalidate a notarized document. The seal is also intended to be readable, legible, and in a position proximate to that of the notary's signature on the certificate. A full journaling of all notarial transactions is also a good procedure as well as a requirement in most states. Documentation is a reference in case a question regarding a notarial transaction is raised.

6. Rendering Unapproved Legal Advice

Notaries cannot render advice on a matter of law except as licensed attorneys. Directing a signer on which notarial act is appropriate or interpreting a document can be practicing law without a license. If a signer is not certain on which notarial act is appropriate, refer them to a sending agent or a receiving agent on a document or suggest that they consult a lawyer.

7. Not Keeping Up with State Laws 

Notary laws are dynamic, and it is incumbent on the notary to stay updated. Periodically review your state notary handbook, attend training seminars, and examine credible sources on a regular basis. Being proactive ensures compliance and keeps you from error.

Final Words

By paying attention to these common mistakes and implementing preventive measures, notaries can effectively discharge their functions and preserve the confidence placed in them. At Notarizr, we are committed to empowering notaries with resources in addition to counseling them on how to complete notarizations in both an accurate and compliant manner.