Avoid These 10 Mistakes For a Perfect Notarization.

When deadlines are close, attention to detail is critical.

Because different states have different rules and laws governing notarization, it is important to have a basic understanding of the notarization process before meeting with your trusty public official. The following are some of the critical areas where a mistake might mean reenacting the entire notarization on a new date.

The highlighted areas were updated in 2008. Personal knowledge is no longer acceptable and a notary public is now subject to the penalty of perjury.

1. The notary seal is unclear, overlaps printed text, or is missing.— The seal might be left out because some jurisdictions do not require notaries to obtain or use seals while it is optional in others. A little homework ahead of time will go a long way to ensure that the notary you retain has the correct tools for the job.
2. The incorrect type of notary certificate is used when the document lacks a “built-in” notary section. — For clarification on the difference between a jurat vs an acknowledgment, please check here.
3. The notary uses a certificate (typically a jurat or acknowledgement) which is outdated.— Various states have made changes to their notary laws (Most notably California in 2008, see above for an example) and associated notary certificates. This will certainly result in the document getting rejected by the relevant county official. Check with the local Secretary of State’s website for the latest documents or just leave it to us.
4. There is a mismatch between the name listed on the notary section and the name listed on the document.— For example “Edgar Allan Poe” is the name below the signature line on the document, but the notary writes in the signer’s name as “Edgar Poe” When it comes to notarization these might be two different people. Ensure that the names match 100% to avoid problems.
5. The venue which is the state and county where the notarization ceremony took place (sometimes designated by the initials SS) is improperly filled in or missing from the notary section.— This is usually a problem when the documents pertain to a property in a different jurisdiction from the actual physical location where the notary appointment is taking place. Always ensure the county and state reflect your current geographical position in time and space.
6. Clerical or typographical corrections lack initials.— Any hand-written corrections to any part of the document must be initialed by whoever made them whether it is the signer or the notary. Failure to do so leaves the door open for possible fraud so play it safe and always initial even you make the slightest mistake.
7. The date of notarization (The day the signer met with the notary) is incorrect or is not corrected if it was written in earlier.— In the hectic, fast-paced world we live in today, it is easy to inadvertently date a document for the adjacent month or year depending on how preoccupied the notary or signer is. While an initialed correction is allowed per number 6 above, an inaccurate date in the notary section may result in the notarization being declared invalid or fraudulent so caveat emptor with extra caution here!

A sample jurat showing who is supposed to sign where.

8. The signer or the notary signs the document on the signature line meant for the other party.— Most notarized documents clearly designate where each entity needs to place their mark but sometimes due to the eclectic nature of notarization standards around the 50 states, things can get tricky. Pay close attention to make sure the applicable name and signature is being inscribed in its correct place and save yourself lots of valuable time in the process.

9. If the ink color used by the signer or notary is incorrect, some county recorders might reject the document.— While either blue or black ink is acceptable in most jurisdictions, a few states take a hard-line stance on the matter so it is wise to find out ahead of time.

This certificate is attached whenever unsigned copies of documents such as passports and transcripts need to be “notarized” .

10. Notarization is performed without required notarial verbiage on the document nor a jurat or acknowledgment in its stead.— Instead of a copy certification as shown above, a notary might simply seal or stamp an unsigned document. This would be a fatal error in most jurisdictions because a notary seal must be accompanied by the appropriate state-mandated notary certificate; whether a jurat or acknowledgment.

Hopefully this information will help you avoid any missteps which could lead to a costly delay in the closing of your real estate transaction or time-sensitive legal matter. If you have any questions regarding our tips above or require a vetted notary to meet with you within narrow time constraints please get in touch.