10 Most Common Notary Mistakes
There are no perfect people and no perfect notaries. Thats ok. We make mistakes. However, the famous quote from Maya Angelou rings so true: “If you know better, do better.” So today, let's look at the 10 most common mistakes notaries make. Let's not just look at them. Let's study them so that we don’t continue to make the same mistakes in our notary businesses.
1. Failure to Verify Identity: Not properly identifying the signer is a widespread mistake. Notaries must always verify the identity of the person signing the document using acceptable identification methods. Check out the NNA’s ID Guide- Updated every year. If you missed it, you can also check out my most recent blog post about how to properly identify signers here.
2. Expired Identification: Accepting expired identification documents is a common pitfall. Notaries need to ensure that the signer's ID is current and valid. Check your state's legislation about the details of expired identification and what you can and cannot accept.
3. Incomplete Notarial Certificate: Leaving blanks or failing to complete the notarial certificate can invalidate the notarization. Notaries should accurately fill out all required information. Slow down a little. It's easy if you're doing a loan signing with 350 pages to skip things on your certificate or if you're a talkative notary like me. Just double-check yourself before you leave the table.
4. Unauthorized Practice of Law: Notaries should refrain from providing legal advice or drafting legal documents, as this constitutes unauthorized practice of law. I know you must get as many calls asking for us to perform acts or provide documents that we are not allowed to do. But understanding what your state says is the Unauthorized Practice of Law is incredibly important. The penalties for getting caught doing this are severe in most states.
5. Lack of Journal Entry: Not maintaining a proper journal entry for each notarization is a mistake. Notaries are generally required to keep a journal with details of each transaction. Even if you are in a state that does not require keeping a journal, I highly encourage you to do it anyway. This practice protects you, and ensuring you complete your journal with as much detail as possible is vital.
6. Using Incorrect Notarial Wording: Employing the wrong notarial wording or failing to use the required wording for specific documents can lead to errors. Look up the appropriate notary wording for your state and get training to understand how to deal with out-of-state language.
7. Notarizing Incomplete Documents: Notarizing documents with missing pages or incomplete information is a common mistake. Notaries should ensure that the document is complete before notarizing. Even if spaces are okay to be blank, it's better to have the signer write something like N/A or cross it out and initial it than to leave it blank. Check with your state agency on specific documents.
8. Failure to Administer an Oath or Affirmation: Some documents require the administration of an oath or affirmation. Notaries should be aware of when this is necessary and ensure it is done properly. Affidavits and jurats nearly always require an oath. Check with your state agency on suggested wording if the wording is not provided. I have a course for California Notaries that goes over documents, journals, and oaths. If you are interested, you can check it out here.
9. Notarizing for Family Members: Notarizing documents for family members, especially when the notary has a direct financial interest, is a mistake. Notaries should avoid notarizing for close relatives. It's a bummer to have a notary in the family but not be able to use them, but be very careful with this one.
10. Ignoring Red Flags: Notaries must be vigilant for signs of coercion, lack of willingness, or other red flags indicating potential fraud. Ignoring these warning signs can lead to improper notarization. It's our job and responsibility to be super aware and diligent with this one. It's our discretion on what we accept and don’t, but it can be called into question if documents get challenged. So take this seriously.
It doesn’t matter what state you are in; if you are a notary, it's your responsibility to know what you can and can’t do and to do your best to avoid these most common mistakes.
If you feel as though you need more training, there are so many great resources out there that can help you.
For new notaries, I would suggest the following:
Laura Biewer Real World Replay- get state-specific training for your state on replay video
Laura Biewer Master Class State Specific- One-on-one training with Laura Biewer
Laura Biewer Presents- Tons of training on specific documents, working in specific facilities, and so much more. Get a discount for that course here.
How to: California Notary Certificates, Journals, and Oaths- JKC Mobile Notary
Until Next Week, do your best
Jennifer K. Cooper, JKC Mobile Notary
