10 Notary Myths

Hold Up! 10 Notary Myths You Never Thought You Needed to Know

While everyone has heard of a Notary Public, few people really understand what they do unless they’re directly involved with notary signing services. And like most careers that everyone knows just a little about, notary myths spring up related to notaries, notary signing agents and their businesses.

To help bring truth surrounding our industry, today we’re going to look at a 10 notary myths that surround notaries and document signing services like ours. 

Myth #1: A Notary Can Give Legal Advice

A notary cannot give legal advice. Notaries are trained and authorized only to witness the signing of documents, verify the identity of signers, and ensure that documents are signed voluntarily. Unlike lawyers, they do not receive the extensive legal education required to interpret or advise on legal matters.

The only exception would be if the notary were also an attorney who is acting in a legal capacity for the client.

Myth #2: A Notary Can Help Clients Draft Documents

Much as a notary can’t offer legal advice, a notary cannot help the person they’re signing for draft documents. The only time that they are allowed to do so is if they are a paralegal and working under the supervision of a licensed attorney.

Myth #3: A Notary Only Provides Services To US Citizens

A notary provides services to the public, not just US citizens. Being able to do this makes sense because non-citizens often require notarizations for documents related to immigration and citizenship. When notarizing for a non-US citizen, the notary is still required to follow their state procedures to verify the identity of the signer.

Myth #4: A Notary’s Job Is Easy

Show up, sign, stamp, and you’re all done! Right? Wrong! There is so much more to it than that, including a great deal of training to become a notary. Not only does a notary need to be versed in the type of paperwork they are handling, but also the type of notarization that is required. Yes…there are different types of notarizations and specific language for the notarization that must be correct on the document. Also, there is a great deal of pressure placed on notaries They often work under tight timelines and have legal responsibilities (and repercussions) should they fail to follow state-mandated protocol.

Myth #5: A Notary Public Must Understand The Details Of The Document

The fact is, some documents are so complex and that most attorneys have challenges understanding them. A notary must verify that the client meets the requirements to sign the document and that the notarial language on the document is correct. Beyond that, a notary is under no obligation to understand or explain the specifics of a document. If the client is uncomfortable signing a document, the notary has a good faith obligation to not notarize the document and refer the client to the document issuer for clarification.

Myth #6: A Notario Publico is the Same As A Notary Public

A notario publico is a particular job in Latin American countries that offer advanced legal services, services that surpass those of a notary public in the United States. Unfortunately, this causes confusion for Spanish speakers in the US, and some unscrupulous companies draw in people with the title and then charge them an exorbitant fee for simple notary services. More information can be found in the National Notary Association’s article, Important Differences Between Notaries & “Notarios

Myth #7: A Notary Must Provide Services

Some people believe that a notary is required to provide services when contracted to do so. While is it rare for a notary to refuse services, below are four of the most common reasons that a notary can — and sometimes, legally must — refuse to notarize something.

If They Suspect Fraud

A notary is providing signing services for perfectly legitimate legal documents 99.9% of the time. But there are those very rare occasions where something just doesn’t look or feel right. Sometimes it goes beyond just a feeling and the fraud is obvious. This can be caused by something related to the document or the signers themselves. Like all businesses, a notary had the right to refuse service.

If They Cannot Verify The Signer

The primary job of a notary is to verify the identity of the person who will be signing the document. If they are unable to do so, whether because the person hasn’t brought valid identification or the notary signing agent suspects that the identification isn’t authentic, then they must refuse to provide the notarization.

If the Signer Isn’t Willing Or Is Being Coerced

Notaries see a lot of interactions between people. In general, the interactions are between people who have the same goal and are entering into an agreement willingly. But if the notary believes that a particular signer is being coerced into signing, the notary must refuse to provide notarization.

Myth #8: A Notary Isn’t Important

For the typical person who isn’t regularly exposed to legal paperwork, they might view notaries as a mysterious thing that you only find at the bank and sometimes the local post office.

But for businesses such as mortgage lenders, title companies, and law firms that require regular notary service; notaries are very important to these companies. In fact, notaries and businesses that provide notary signing services like NPN, are proving to be more important than ever.

Another common notary myth…

Myth #9: Notaries Only Work Normal Business Hours

While the bank might only be open to offer notary services during normal business hours, that’s just not the case for most notary signing agents. Most notaries work independently and offer flexible hours to accommodate a wide range of clients. Many mobile notaries offer service well beyond business hours, including weekends.

We’ve saved the best and most common notary myth for last.

Myth #10: Notarizing a Document Makes It Legal

No. No. Double Notarized No. A notarized document simply means that the person who signed the document was verified by the notary to be that person. It means that the notary was presented with the proper identification and verified the signer’s identity and that the document was not signed under duress. A notarization alone does not make a document legal or binding.

Business woman using a notary stamp.
businesswoman clerk Putting Stamp On Documents in the office, Office concept

Did You Believe Any of These Myths about Notaries?

If you believed any of these 10 notary myths and the signing services they provide — we hope this article has cleared them up. When something isn’t completely understood, it’s fertile ground for myths and misconceptions.

Looking for more notary tips, check out our blog post on the Common Notary Mistakes.

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