are an important part of our legal system. They play a crucial role in the verification of documents and the authentication of signatures. If you need to have a document notarized, it's important to understand what notaries can and cannot do. In this blog post, we will discuss everything you need to know about notary publics!
What is a notary public
Even if you have gotten a document notarized, you may still be asking "what is a notary?" A notary is an individual who has been appointed by the state to serve as an impartial witness to the signing of important documents. It is an integrity-appointed part of the community. Notaries are given a notarial certificate once they have taken their oath of office.
Notaries are typically used in situations where the signer needs to verify their identity and confirm that they are willing and able to sign the paperwork in question. In some cases, a notary may also be asked to administer an oath or affirmation.
When signing in front of a notary or taking a sworn oath, it is the same as doing so before a judge. You can be charged with perjury if you are lying to the notary. The laws may view this as fraud.
For a notary to be an impartial witness to a signature, they require a current ID.
Signers must have a current ID that is government-issued and has a photo when certifying their signature by the notary. This is a state law in all states, without it, notaries cannot notarize a form or any acknowledgments unless the signers are known by the notaries personally. otherwise, the signature won't serve to be valid.
Notaries are required to maintain a record of all of the documents they have notarized, as well as the signers' identification information in a notary journal.
A notary's seal and journal are used on all documents that they perform notarization services on. For example, in a safe or a file cabinet that can be locked. If their journal or stamp is lost or stolen, it must be reported to their Secretary of State. Notaries are subject to strict penalties if they fail to follow these procedures.
Who needs notary services?
In today's world, we are seeing more and more needs for notary services. Here is a list of examples of some of the documents and industries that need notarial acts on their paperwork.
- Powers of attorney form.
- Real property deeds, mortgages, and Real estate transactions.
- Court paperwork.
- Divorce papers.
- DMV Transfer documents.
- I-9 employment forms.
- Title company.
- Bank paperwork.
- Certified copies.
- Take depositions (only if they are also appointed a certified court reporter).
- Testimony forms of a credible witness.
You can read more about Powers of attorney or real estate transactions if you need more information.
The steps that are taken when performing the act of a notary's duty.
Even though the process does seem simple, it does make a huge difference when a document is reviewed by public officials.
Identify the signer.
When a signer appears before a notary, the first step will be for the notary identify the signer. They will either need acceptable identification from the signer or know them personally. If they require an ID, it needs to be a current government-issued ID like a driver's license or a passport.
A point of confusion for many people is that it can be from a foreign country. Such as a foreign passport. Remember, the notary is only identifying the person and not confirming that they are an American citizen.
- The signer will be recorded in the notary's chronological journal.
- Have the signer acknowledge they understand and agree to the document they are signing.
- The signer will then give an acknowledgment that they understand the document they are signing and they are giving a declaration of entering these agreements knowingly.
- The client will sign the original document.
- The notary will sign and apply their stamp to the document. Doing this makes the document legally binding by the state government law.
Traditional notarizations and remote notarizations
Currently, if you need to notarize paperwork, you will either go to a bank or office that has a notary on staff or get a mobile notary to come to your home or office. But, since Covid-19, most states either allow for a remote notarization or accept them for filing legal paperwork.
Even though it isn't that common for people to use this method yet. This is the future and once it is more widely accepted, you will eventually see this as the main way that notaries are performing their work.
If you would like to learn more about remote notarizations, please click here to read more on the subject.
How to become a notary public
If you are looking to become a notary, that's great! A great source for this is the national notary association. To learn more about the national notary association and how to become a notary, click here to find all the information you will need.
Benefits of being a notary public
Here are three of the most important benefits of being a notary public:
-You can play an important role in your community
As a notary, you can provide an important service to your community. You will be called upon to witness the signing of important documents, such as wills and contracts, and to administer oaths. This can be a great way to get involved in your community and make a difference. When taking these sworn statements, you are preventing fraud between parties and property transactions.
-You can earn extra income
Being a notary can be a great way to earn some extra income. Notaries are often in demand, and you can charge a fee for your services. This can be a great way to supplement your income and make some extra money.
-You can build your professional network
As a notary public, you will have the opportunity to meet and work with a variety of people. This can be a great way to build your professional network and make connections that could benefit you in the future.
1. What is a notarized document?
A notarized document has been signed by a Notary Public. This is a person who has been appointed by the state to witness signatures and certify documents. The Notary Public will apply a stamp or seal to the paperwork to show proof of the notarial acts that were performed.
2. Why do I need a notarization on a document?
There are many situations where you may be required to have a notarization on a document, such as when you are applying for a passport or getting married. In general, any time you need to provide official proof of your identity or your signature on a legal contract, you may be asked to produce a document with a notarial certificate.
3. How much does it cost to get a document notarized?
The cost of getting a document notarized can vary depending on the state you are in and the type of transaction or document that needs a notarial certificate. In most cases, you will have to pay a small fee to the Notary Public for their services.
Notarization is an important step in the mortgage process to protect all parties involved. By notarizing a document, you are verifying that the person signing it is who they say they are and that they are willingly signing the document.
A Notarization act also creates a paper trail of documents related to the mortgage transaction which can help in case of any disputes of ownership down the road. If you’re buying or refinancing a home, be sure to ask your lender if all of your documents will be notarized – it’s an important step to ensure a smooth and successful closing.