Common Notarization Mistakes and How to Avoid Them
Notarization errors can invalidate important documents, cause legal complications, and create costly delays. Understanding the most common mistakes people make during the notarization process helps ensure your documents are properly executed the first time. This guide covers the top notarization pitfalls and how to avoid them.
Mistake #1: Signing Before Appearing Before the Notary
One of the most common and serious mistakes is signing your document before meeting with the notary. The notary must witness you signing the document to verify your identity and ensure you're signing willingly. If you sign beforehand, the notary cannot perform the notarization. Even if you think you're saving time, you'll have to obtain a new, unsigned document and start over. Always bring unsigned documents to your notarization appointment.
Mistake #2: Not Bringing Proper Identification
Notaries are required to verify your identity using acceptable forms of identification. Common acceptable IDs include a valid driver's license, state-issued ID card, passport, or military ID. The ID must be current (not expired) and contain your photograph, signature, and physical description. Student IDs, employee badges, and credit cards are typically not acceptable. Check with your notary beforehand about acceptable forms of ID to avoid wasting a trip. If your ID is expired, even by one day, renew it before seeking notarization.
Mistake #3: Leaving Blank Spaces
Never leave blank spaces on a document that will be notarized. Blank spaces can be filled in later with fraudulent information. If a section doesn't apply to you, write 'N/A' or draw a line through it. Fill in all dates, names, addresses, and other required information before presenting the document to the notary. The only thing that should be left for the appointment is your signature, which you'll sign in the presence of the notary.
Mistake #4: Presenting Incomplete Documents
All pages of your document must be present and complete before notarization. Missing pages, illegible text, or portions of the document that haven't been filled out properly will prevent notarization. Review your entire document carefully before your appointment. If there are multiple pages, they should be attached together. The notary may refuse to notarize an incomplete document, and rightfully so – it's part of their duty to ensure document integrity.
Mistake #5: Not Having Required Witnesses
Some documents require witnesses in addition to notarization. For example, wills typically require two witnesses who are not beneficiaries. Powers of attorney may also require witnesses in some states. Don't assume that the notary can serve as a witness – in many jurisdictions, notaries cannot also be witnesses for the same document. Know your document's requirements ahead of time and arrange for any necessary witnesses to attend your appointment.
Mistake #6: Not Understanding the Document
You should understand what you're signing before the notarization. While a notary cannot provide legal advice about the document's contents, they can refuse to notarize if they believe you don't understand what you're signing or are being coerced. If you're uncertain about a document's legal implications, consult an attorney before getting it notarized. The notarization process verifies your identity and willingness to sign, but it doesn't validate the document's content or legal soundness.
Mistake #7: Asking to Notarize Copies
Notaries can certify copies of certain documents, but there are restrictions. They generally cannot certify copies of vital records like birth certificates, marriage certificates, or death certificates – you must obtain certified copies from the issuing agency. Many notaries can certify copies of non-government documents. However, if you need a certified copy of a government-issued document, check with the issuing authority about their process. Don't assume any document copy can be notarized.
Mistake #8: Rushing the Process
Notarization shouldn't be rushed. The notary needs time to properly verify your identity, witness your signature, complete their notarial certificate, and affix their seal. Arriving at the last minute or pressuring the notary to hurry increases the likelihood of errors. Schedule your appointment with plenty of time. If you're at a real estate closing or other time-sensitive situation, build in extra time for the notarization process. A rushed notarization is more likely to have mistakes that could invalidate your document.
Mistake #9: Not Confirming All Signers Are Present
If multiple people need to sign a document, all must appear before the notary at the same time, or each must have separate notarization sessions. You cannot sign on someone else's behalf unless you have a power of attorney that specifically allows it. If you have a document that requires multiple signatures to be notarized, coordinate with all parties to ensure everyone can attend the appointment together, or arrange separate appointments for each signer.
Mistake #10: Choosing the Wrong Notarial Act
Different situations require different notarial acts. The two most common are acknowledgments and jurats. An acknowledgment confirms you signed the document and your identity, while a jurat requires you to swear or affirm that the document's contents are true. Using the wrong type can invalidate your document. If you're unsure which type you need, check with the entity requiring the notarization or consult with an experienced notary. Our notaries can help guide you to the correct notarial act for your specific document.
Ensure Proper Notarization
Avoiding these common mistakes ensures your documents are notarized correctly the first time, saving you time, money, and potential legal complications. Working with experienced, professional notaries helps prevent errors.