A Notary Public is a public official appointed by the Governor to serve the public as an impartial witness. He or she must do so in order to prevent and offer protection against fraud in business transactions. The Notary Public may be called upon to certify the authenticity of signatures and copies of documents, to administer oaths and affirmations, and to perform other such acts as are allowed or required by law.

Because a Notary Public is commissioned by the Governor of his or her state, appointment procedures and requirements vary and are different for each state. In most cases, the applicant must submit an application that is reviewed by the Secretary of State; however, in some cases, an exam is required to be passed prior to applying for commission.
Applicants who are approved are sworn in as Notaries Public to serve for a specified period of time (usually four years). A Notary Public does not have the authority to carry out his or her duties in any state other than that in which he or she was appointed. Because Notaries are public officials, they are obligated to serve all persons who request lawful notarial acts during normal business hours. A Notary Public is not commissioned for the personal convenience of any one employer.

Notaries public have two primary duties:

1. Notarize Signatures

The signer must be in the physical presence of the notary before the notary may lawfully notarize. This rule of law is not discretionary. The notary certifies that a signature is made willingly and freely by determining the signer’s state of mind and intent. This is accomplished by talking to every signer, asking key questions and being aware of pressure by anyone else. The notary should refuse to notarize signatures made under coercion, duress or undue influence.

Never take the acknowledgment of a person who does not speak the English language unless the nature and effect of the instrument to be notarized is translated into a language which the person does speak.

Use a photo I.D. or a credible witness if necessary to establish the signer’s identity.

When notarizing a signature made by a mark, use a witness familiar with the signer. The witness should write the marker’s name by the mark. The witness should sign the notary journal and the notary should make a special note.

If there are multiple signatures on a document, and only some of the signers appear before the notary, the notary should indicate exactly whose signature was witnessed. Sometimes a notarial certificate will be provided for each signature, if not, the notary should amend the notarial certificate to show only the signature of the person who appeared. However, the notary should not alter the document above the notarial certificate other than to cross through blank lines. Alterations should be initialed and dated.

If a notary is asked to certify that a copy is a correct copy, the person presenting it should sign a sworn statement that he/she made the copy and that it is true and correct. Then the signature on the sworn statement may be notarized in the usual way.

There are three preferred ways to verify a signer’s identity:

1. The notary’s personal knowledge
2. Confirmation by a credible witness
3. Valid identification documents

The safest and best way to verify a signer’s identity is by personal knowledge. This kind of verification does not require witnesses or identification documents.

The second way to verify a signer’s identity is through confirmation by a credible witness. The credible witness must have a reputation for integrity, understand the transaction and be impartial in the transaction. It is important to maintain an unbroken chain of personal knowledge. The notary must personally know the witness. The credible witness must personally know the document signer. The notary, the credible witness and the document signer must all be present when notarization occurs. The notary places the credible witness under oath before the document is signed.

The third way to verify a signer’s identity is through valid identification documents. The notary should take reasonable care in examining I.D. cards or papers. There are three features of the I.D. card or papers which should be considered:

1. Photograph of the bearer
2. Accurate physical description of the bearer
3. Signature of the bearer.

There are three ways identification can be falsified:

1. By counterfeit
2. By imposter
3. By document alteration.

When presented suspicious identification, the notary should refuse to accept it and should refuse to notarize for that person.

2. Place Under Oath/Affirmation

A Notary Public is a public official appointed by the Governor to serve the public as an impartial witness. The Notary Public may be called upon to certify the authenticity of signatures and copies of documents, too administer oaths and affirmations, and to perform other such acts as are allowed or required by law. Because a Notary Public is commissioned by the Governor of his or her state, appointment procedures and requirements vary and are different in each state. In most cases, the applicant must submit an application that is reviewed by the Secretary of State. In some states, an exam is required to be passed prior to submitting the application.Read more…

A Mortgage Notary Signing Agent is a Notary Public who specializes in the process of obtaining and notarizing the signatures of the party(ies) involved on real estate loan documents for the purpose of closing a real estate loan transaction. Lenders who offer correspondent loans across the country rely heavily on competent Mortgage Notary Signing Agents to complete the signing and notarizing portions of the real estate loan transaction in a professional, reliable and accurate manner.

 

If you work with a Signing Service (SS) you will make $50-$150.00 per signings. If you work with an Escrow,Title or lender company you will earn $125-plus per signings. As the owner of your business you must set your own fees by taking into considaration your business expenses such as mileage, email docs printing, fax back and so on.

 

We have over 300 companies that are hiring notaries. Sign up today for a Notary Questmembership and recieve list with contact information for every company listed FREE. View List…

There are only five states that have witness requirements for the recording of the deeds and mortgages.
The following states are witness states:

Connecticut – 2 witnesses and one can be the Notary

FLorida – 2 witnesses, one CAN be the notary – Quit Claim Deeds Only, not the mortgage unless is the Lender requirement.

Georgia – 2 witnesses, and one MUST be the notary

Louisiana – 2 witnesses, and CANNOT be the notary

South Carolina – 2 witnesses, one CAN be the notary

FL Notaries:
Although it is not a State requirement, Lenders may request witnesses on their mortgages. Please read Lenders instructions for more information or contact your client.

 

Acknowledged- the signer confirmed or admitted to the notary to having signed a document.

Affiant- the person making a statement under oath.

Affidavit- a signed statement, sworn to by the person making a personal appearance before the notary.

Before me- the act was conducted in the presence of the notary.

Deposition- the written testimony of a witness taken out of court under oath before a notary public or other person duly authorized to take it, and which is intended to be used for the trial of some cause in court or before some officer or commission appointed by statute.

Execute – making or completing a signature.

Instrument- document.

Jurat- a notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has made a voluntary signature in the notary’s presence and taken an oath or affirmation vouching for the truthfulness of the signed document.

L.S.“Locus Sigilli”- Latin meaning “place of the seal.”

Notary Certificate- the declarative wording, official signature, dates, and seal contained in the notarization.

Notary Public- a public officer commissioned by the Secretary of State for a four-year term and holds an office of trust and profit.

Oath- the affirmation of truth of a statement. The taking of an oath to an instrument means the affixing of a statement immediately below the signature of the person whose oath you are taking; words to the effect that the person signing the instruments swears that the contents of the instrument are true, e.g. “Subscribed and sworn” or “Being first duly sworn upon his oath.”

Personal Appearance before a Notary- the signer must be in the physical presence of the notary before the notary may lawfully notarize.

Protest- a formal statement in writing by a notary public, under seal, that a certain bill of exchange or promissory note was on a certain day presented for payment, or acceptance, and that payment or acceptance was refused.

S.S.“Scilicet” – Latin meaning “to wit” or “specifically.”

Satisfactory Evidence- valid identification card or papers.

Subscribed- Signature or signed.

Wit- that is to say, namely, scilicet.

Verification- confirmation of correctness, truth or authenticity by affidavit, oath or deposition.