Posted by Kevin Thrasher on 9/27/05 5:03pm
Msg #67656

notarizing documents

I've been reading a lot of posts about what notaries can and can not notarize. Notaries are notarizing signatures - that is it! Notaries are never attesting to the truthfulness of the document, nor the contents. We are only attesting, theough the valid ID presented to us, that the person signing the document is the person who's name is on the signature line - the person who is executing the document. That's all. Plain and simple. Yes there are restrictions as to what we can notarize, but these generally are about whether a person is competent, whether we benefit from the document, whether it is for us or a relative, or if the person dos not has proper ID, they have competent witnessesses that have proper ID who can attest that the person signing the documents is the person who is suppose to sign it. Basically that's it.

Reply by Tina_MA on 9/27/05 6:45pm
Msg #67674

In Massachusetts, as well as other "attorney" states, Notaries are not allowed to notarize any Real Estate docs unless they are under the employ of an attorney.

So yes, the content of the document is of concern to those who want to follow the law in their state or commonwealth.

Reply by BLE on 9/28/05 7:00am
Msg #67724

Being concerned about document content is of concern in all states as each state has its own laws. I for one, make sure I'm notarizing something that I can legally notarize. In Maryland, a notary must have a Title Producers License to witness mortgage signings. Obviously, if I weren't an LTP, not being concerned with anything but the signature would be a big problem. Many other states also have laws and regulations concerning the notarizing of wills, living wills, etc. So yes, a notary must be aware of the "paperwork."

Reply by Kevin Thrasher on 10/1/05 10:58pm
Msg #68343

Yes, knowing the law of your state and what you can notarize - for me - is a given. I should have added the first part to my post. Each state has its own rules. I believe the point I was tying to make in my post is before you tell one person, "I'm a notary," you MUST read and understand your state's notary law, keep a copy on hand, and you will not have to ask, "can I notarize so and so." This was the point I was trying to make. This is especially true now because states are enating laws which are providing civil, as well as, criminal penalties for notary errors.