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• What is a notary public?
• What is certified signing agent?
• Why do documents require notarization?
• Does notarization guarantee that the document is "true" or "legal"?
• Does a document need to be signed in the notary's presence?
• Can a document that contains blank spaces be notarized?
• Can a fax or photocopy be notarized?
• Can wills be notarized?

What is a notary public?

A notary public is a public official appointed by the Secretary of State to be an impartial witness in the signing of important documents and to administer oaths and affirmations. Notaries Public must pass an examination given by the State and pass a background check.

What is certified signing agent?

A certified siging agent is a notary public with experience in conducting real estate loan sigings. A certified signing agent has passed an examination administerd by an industry-recognized entity. However, there are no federal, state, or local statutes that designate what "certification" requires or means.

Why do documents require notarization?

To prevent fraud. A notary public will ensure that the signer of a document is who they claim to be. It is also important for the Notary to be sure that the signer is aware of and understands what he/she is signing and is free from any coercion.

Does notarization guarantee that the document is "true" or "legal"?

NO. A notary public must verify the identity of the signer but is not responsible for the contents of the document. The signers of the document are responsible for the contents of the document and, in the case of a Jurat, swear or affirm to the truthfulness of the document.

Does a document need to be signed in the notary's presence?

Not necessarily. A document requiring an acknowledgment does not need to be signed in front of the notary. The signer must confirm to the notary that he/she did freely sign the document. A jurat, on the other hand, DOES need to be signed before the notary. A jurat will contain the wording "subscribed (signed) and sworn to before me. . ." When in doubt, wait and sign the document before the notary.

Can a document that contains blank spaces be notarized?

No, the document should be completed before notarization. The signer can line through the blank areas or enter N/A. This will prevent fraudulent information from being entered on the documents at a later time.

Can a fax or photocopy be notarized?

Yes, if the document has an original signature. Copied or faxed signatures cannot be notarized. If you have a document on glossy fax paper (not bond), the document should be copied and then the photocopy can be notarized. The wording on glossy paper will fade over time and many public recorders will not accept those documents.

Can wills be notarized?

Wills should only be notarized if clear instructions and notarial wording have been given by an attorney