Common errors a Notary Public can make and how to avoid them

Notarizing documents is an important responsibility entrusted to Notary Public officials commissioned by their state. It involves verifying the identity of the signer, ensuring that the signer is signing the document of their own free will, and certifying that the document is authentic. Notaries must be careful to avoid errors when performing their duties, as mistakes can lead to legal complications and potential harm to the parties involved.

In California, the Secretary of State regulates notaries and provides guidelines to help prevent errors. Additionally, notaries commissioned to sign for CA must pass a state exam and background check prior to being commissioned. In this blog post, we will explore some common errors that notaries may make when notarizing documents in California, along with ways to avoid these errors (both for notaries and clients alike).

Common Errors in Notarizing Documents:

1. Failing to Identify the Signer Properly

The most important duty of a notary is to identify the signer of a document. Notaries must verify the identity of the signer through government-issued identification, such as a driver's license or passport. Failure to properly identify the signer can lead to the notarization being voided or challenged in court. Furthermore, fines are imposed for such errors by the overseeing Secretary of State.

Example: A notary mistakenly notarizes a document for a person who claims to be the owner of a property but is actually an imposter. The real owner of the property can challenge the notarization in court, causing legal complications.

2. Notarizing Incomplete or Blank Documents

Notaries must ensure that all documents they notarize are complete and contain all necessary information. They must not notarize blank or incomplete documents, as this can lead to fraudulent activity or the document being used for illegal purposes.

Example: A notary mistakenly notarizes a blank loan document. The borrower later fills in the missing information with fraudulent details, causing the lender to suffer financial loss.

3. Failing to Administer an Oath or Affirmation

Notaries must administer an oath or affirmation to the signer to ensure that they are signing the document of their own free will and understand the contents of the document. Failure to administer an oath or affirmation can lead to legal complications.

Example: A notary fails to administer an oath to a signer who later claims that they did not understand the contents of the document they signed. The signer can challenge the notarization in court, causing legal complications.

While errors occur, it’s always better to try to avoid them altogether when acting as a notary in transaction. Here are some ways to Avoid Notarization Errors:

1. Know the Law and Regulations

Notaries in California must be familiar with the laws and regulations governing notarization. The Secretary of State provides a Notary Public Handbook that contains guidelines and best practices for notarization. As a member of the public, you can always check with the SOS to ensure that a notary is in good standings. As for Notaries themselves, they should also stay up to date with any changes to the law or regulations that may affect their duties.

2. Verify the Identity of the Signer

Notaries must carefully verify the identity of the signer using government-issued identification. They should also ask questions to confirm the signer's identity, such as their address or date of birth. If the notary has any doubts about the identity of the signer, they should refuse to notarize the document.

3. Review the Document Carefully

Notaries must review the document carefully to ensure that it is complete and contains all necessary information. They should also check that the document is signed in the presence of the notary and that the signer understands the contents of the document. If the document is incomplete or the signer does not understand the contents, the notary should refuse to notarize the document.

4. Administer an Oath or Affirmation

Notaries must administer an oath or affirmation to the signer to ensure that they are signing the document of their own free will and understand the contents of the document. The notary should ask the signer to swear or affirm that the information in the document is true and accurate. https://www.nationalnotary.org/notary-bulletin/blog/2018/07/5-scammers-notaries-need-to-watch-out-for

In Conclusion, notarizing documents is an important responsibility that notaries must take seriously. Notaries must be careful at all times and when errors do arise, notaries should take all necessary steps to inform all necessary parties and correct the errors so that transactions are completed successfully and in timely manners. Please reach out if you have any questions and thank you for visiting my website.