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What is a Notary Public?
What is a 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?
May a Notary Refuse to Serve People?
A Notary Public is a public official appointed by the California 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. As of 2005,
notaries must also complete six hours of training before receiving their
commission and for renewing notaries must complete three hours of training.
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A Certified Signing Agent is a Notary Public who has special expertise in conducting
real estate loan signings. The Signing Agent is hired as an independent
contractor by an mortgage or escrow company, a lender, or a signing service to
ensure that the signing process is properly completed. Achieving
certification requires that Signing Agents take specialized courses and pas a
comprehensive examination concerning loan signings and Notary law as
administered by an industry recognized entity. However,
there are no federal, state, or local statutes that designate what
"certification" requires or means.
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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 of coercion.
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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.
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Not necessarily. A document requiring an acknowledgement 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
wording "subscribed (signed) and sworn to before me...". When in doubt,
wait and sign the document before the notary.
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No. The document should be completed before notarization. the signer
can line through the bland areas or enter N/A. This will prevent
fraudulent information from being entered on the documents at a later date.
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Yes, if the document has an original signature. Copied or faxed
signatures cannot 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.
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Wills should only be notarized if clear instructions and notarial wording
have been given by an attorney.
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The Notary shall, as a government
officer and public officer and public servant, serve all of the public in an
honest, fair and unbiased manner. Only if the Notary is uncertain of a
signer's identity, willingness or general competence, or has a good reason to
suspect fraud. Notaries should not refuse to serve anyone because of race,
religion, nationality, lifestyle, or because the person is not a client or
customer. Discrimination on any basis is not a suitable policy for a public
official.
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