7 Don'ts When Dealing With Notaries

By Chris A. Harmen

Under law, signatures affixed to real estate documents and other legal papers have to be witnessed by a notary public. A notary is a trained and certified professional witness who can check the identity of a signer, confirm the person understands what is being signed and verify the signer is not acting under duress. Here are a few things you should not do during a transaction with a notary.

1. Don't Ask For Advice - Notaries see a lot of sales so it's tempting to ask for an opinion on your particular house transaction. Notaries are explicitly forbidden from giving advice, especially legal advice, to their clients.

2. Don't Provide An Incomplete Form - If you don't have all the information needed to complete the form being signed, then the notary can't certify it. If you go back and fill in spaces or change information after a document has been notarized, the document is no longer valid.

3. Don't Sign For An Absent Person - Let's say a husband and wife are jointly buying a property. The wife has to work so the husband shows up to the signing alone with permission from the wife to sign for her. Sorry, but a notary can't authorize such a signature.

4. Don't Ask An Involved Party to Notarize - Notaries are supposed to be disinterested, unbiased witnesses to the signature and are forbidden by law from acting in transactions of personal financial interest. If someone lends the buyer money for the down payment, or is going to be a roommate after the house is purchased, do those people have a financial interest in the purchase? Maybe. When in doubt it's better to ask a stranger to notarize than risk putting a friend or relative in a professionally awkward position.

5. Don't Ask A Relative - Your spouse, child or parent cannot legally notarize your signature under the law, even if that person has no direct interest in the transaction.

6. Don't Try To Bend The Rules - Laws governing notaries are strict and may seem overly bureaucratic, but those rules have been evolving for centuries. They are designed to be rigid to minimize the possibility of fraud in legal transactions. Follow the notary's instructions even if they seem strange.

7. Don't Get Mad - The notary isn't trying to be difficult. Even if you consider the rules excessive, the notary doesn't have the authority to overrule them. Don't take your frustrations out on this public officer who is just trying to do a job.

Notaries are a key element in preventing fraud in real estate transactions and in battling identity theft. You don't have to look for one yourself because your title company can find you a qualified notary or may have notaries on staff who can verify signatures on any documents generated by the transaction.

Chris Harmen writes for Title Junction, a real estate title company that offers title insurance and notary services to Florida clients. If you need insurance or a notary in Cape Coral or other SW Florida communities, then contact them toll free at 866.415.6574.

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