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Today
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F.A.Q.s
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Frequently
Asked Questions about the role and limitations of a Notary Public
What are the general
powers / functions of a Notary Public?
A Notary 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 acknowledgments, 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.
What
is a Loan Signing Agent?
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.
Why are documents notarized?
Documents are notarized to deter 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 signers when necessary.
Also, a Notary will observe for signs that the signers are signing
documents knowingly and willingly.
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 notarizations involved,
an fees are on a case-by-case basis. Please visit the rates page for
more information about fees.
What types of identification are required?
Typically, a current government ID or one issued within the last five years is acceptable. All IDs must include a physical description, photo, serial number and signature.
Are Social Security cards, birth certificates, or marriage licenses acceptable forms of ID?
No. They do not meet the above requirement.
I do not have a current government-issued ID. What are my options?
If you do not have acceptable identification, Florida law provides some very specific alternative methods of identification using credible witnesses. Contact a Notary for more information about this.
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 "Mary A. Smith", the document can bear the names "Mary Smith", "Mary A. Smith", "M.A. Smith", but not "Mary T. Smith", "Mary Jones-Smith", or "M.T. Smith".
Why does the Notary have to take my fingerprint?
In Florida the notarization of the following documents
must include the fingerprinting of the signers: Deeds; Quickclaim
Deeds; and Deeds of Trust. Fingerprinting protects against fraud and
forgeries. A Florida Notary, by law, does not have to take a signers
fingerprint unless the Notarization is for one of the above documents.
However, many Notaries prefer to take fingerprints on all notariztions
as an added precaution against fraud.
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 acknowledgment require only that the signer appear before the Notary
and acknowledge that they did indeed sign the document. If it was
virtually impossible for the signer 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.
Can you advise me 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 agent.
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 be held liable for any damages resulting from an incorrectly chosen certificate or notarization.
Does notarization mean that a document is "true" or "legal"?
No. Notaries are not responsible for the accuracy or legality of documents they notarize. The signers are responsible for the content of the documents.
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.
I
am sending my notarized document to another country. Will this notarization
be valid there?
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 apostillle 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 aposstille the document also. If the country in question is not a part of the Hague Convention, documents require a legalization which is also performed by the Secretary of State.
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.
Can
my document contain blanks?
No. A Notary may not notarize a document that is incomplete
or contains blanks.
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.
Can
a Notary certify a copy of a passport?
Notaries are not allowed to do that in Florida. If
acceptable to the receiving agency, we can do a "Copy Certification
by the Document Custodian." In other words, the person holding
the document certifies the document under oath.
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 signers identity,
willingness or competence. A Notary may not discriminate on the basis
of race, religion, gender or nationality. |
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