NOTARY SERVICES - NEW MOBILE SIGNING AGENT SERVICES For RealEstate Closings!
Notary Services available for:
Legal Form Preparation, Contracts, Real Estate Documents, Affidavits, School permissiobn slips, Medical Release Forms, Car Title Transfers, Power of Attorney, Child ID Kits or ____________ (you fill in the blank!).
A notary's main functions are to administer oaths and affirmations, take affidavits and statutory declarations, witness and authenticate the execution of certain classes of documents, take acknowledgments of deeds and other conveyances.
Note: A notary public may not notarize a signature on a document if the person whose signature is being notarized is not in the presence of the notary public at the time the signature is notarized
REQUIRED ELEMENTS FOR A LAWFUL NOTARIZATION
In order to complete the notarial acts described above, notaries must first confirm that the following elements are present. If any of these elements are missing the notary cannot proceed:
The document signer must be PHYSICALLY PRESENT before the notary.
An essential element of the notarial act is personal, face-to-face communication between the document signer and the notary. This is necessary for the notary to assess the signer’s comprehension of the transaction and willingness to sign, to help ensure that neither coercion nor fraud are present, and to administer the required verbal ceremony. Physical presence of the signer is so important that notaries who fail to require it can be charged with a crime and punished.
The signer must be PERSONALLY KNOWN to the notary or must produce SATISFACTORY EVIDENCE OF IDENTIFICATION.
One of the notary’s main responsibilities is to determine, beyond all reasonable doubt, that the person who has come for a notarial act is the same person named in the document as the signer. The signer must either be personally known to the notary (regular interaction over time has given the notary a deep-seated belief in the person’s identity); or the signer must present satisfactory evidence of identification, such as a state-issued driver’s license. The documents that a notary may accept as satisfactory evidence of identification vary by state but all states allow a current driver’s license.
The notary must be presented with an ORIGINAL document.
An original document is one that is unsigned, or that was/is physically signed in “wet ink” by the document signer. For example, an unsigned document may be faxed and subsequently signed by the document signer. That faxed document, with its original wet-ink signature, is an original document. A document that was previously signed, then faxed, is NOT an original document. It displays a facsimile signature, not a signature stroked directly onto the paper in wet ink.
Remember that documents requiring an acknowledgment may already bear the signer’s signature at the time of notarization, but the signature must clearly be the signer’s “wet ink” signature. Documents requiring an oath must be signed in the notary’s presence.
The document presented for notarization must be COMPLETE.
The notary cannot perform a notarial act over a document that is missing pages, or that contains blanks that should be filled-in prior to the notarial act. If missing pages cannot be presented to the notary, or if the signer does not know how to deal with the blanks in the document, the notary cannot proceed. (Note: some blanks are clearly intended to be filled-in later, such as “Office Use Only” blanks. These are acceptable at the time of notarization.)
The DOCUMENT DATE must be the same day as the notarization or earlier, but NEVER later than the day of notarization.
When the document to be notarized is a dated one, then it must be dated the same day as notarization or earlier. The purpose of notarization is so the formalities of document execution are conducted before a notary. (Execute: to perform what is necessary to give validity to something, for example execute a deed.) The notary then records the facts of the document execution in his/her notarial certificate (the part of the document that the notary signs and seals). Notarization is the final step in document execution, so it cannot occur before the document’s date. It is possible for a signer to present an undated document for notarization; i.e., a document that does not require a date or display a blank for a date to be filled-in. If the signer does not wish to date the document, the notary may proceed with notarization, but should carefully note in his/her recordbook that the notarial act was performed on an undated document.
The notary must feel assured that THE SIGNER COMPREHENDS the underlying transaction and is PROCEEDING WILLINGLY.
Notaries provide an invaluable service by assessing a signer’s comprehension and willingness. It is not uncommon for signers to execute a document under duress or coercion. Sometimes signers don’t really understand why they are executing a document. It’s up to the notary to recognize when a signer suffers from coercion, misgivings or inability to understand the transaction, and to stop the notarial act if necessary.
We are a Certified Notary Signing Agent by the National Notary Association.