However, we also need to take into account that we are not responsible for the contents of the documents (none of our business) nor are we to be knowledgeable in any way re the business/financial affairs of the people we sign. I know of no instance where an improper notarial act has ever nullified/voided a document. It may be taken into consideration, but that's the extent of it. I know of no notary who has ever gone to jail for improper notarization (intentional or otherwise). They may be prosecuted for being in cahoots with a mortgage fraudster, but that's a different issue. And any litigant would certainly go after our E&O as part of the lawsuit. The reason some hiring agencies want us to increase our E&O, as you mentioned, is so they don't have to pay out as much in case of a financial judgment. This is not to say we don't need to be on our toes. Everything you said is correct. It's just that it's totally unclear to me *where* we have to be on our toes. If more notaries would stick to demanding proper, valid ID, instead of buying into: "Well, who else should he/she be?" I think that would go a long way in protecting ourselves *and* others. A pal of mine told me the other day that one of his signers told him this story; She took a phone video of her husband signing a document, showed that video to a notary at her work, who then notarized the document. Insanity like this goes on every day. Backdating, postdating, fuzzy ID issues, etc.
The fact is that if we actually understood the extent to which we are personally liable for everything we do as notaries, those of us with any sense would turn in our commissions. That's also why it absolutely astounds me that many notaries don't keep a journal or any record of their notarizations. Or have no idea their state actually has notary laws. Yikes! |
