Tips for the Document Signer

Why Tips for Document Signers?

These tips are given to help de-mystify some of the notarization processes and, in doing so, aid both the document signer and notary public to successfuly notarize a document or legal instrument. These tips are based on rules that apply in the state of California for 2007.

This is not legal advice!

It is recommended that you consult with a qualified and licensed legal professional if you have questions regarding the execution of your legal document or instrument. This statement is mentioned several times in this website as the notary public only completes the notarial certificate and is not a part of other aspects of the document such as purpose or suitability.

Also, note that the rules and laws that govern notarial acts vary from state to state.

Q. Why does the notary public look over every page of my document?

A. The notary public may not notarize a document that is incomplete. It is customary for the notary to check the document for completeness.

Q. I don't have all the information to complete my document but I will have it in a few days. Can I have the document notarized now as I have to travel tomorrow?

A. Same as above. A notary public may not notarize a document that is incomplete. A notary public may not notarize a document that is to be altered after it is notarized.

Q. Do I have to show ID?

A. You will need to submit evidence of your identity to the notary public. If you are unsure of what documents or evidence may be acceptable, inquire with your notary public or legal professional.

Q. Do I have to take an oath or affirmation? What's the difference?

A. In some notarial instances, specifically the jurat for certifications, require that you take an oath or affirmation to verbally confirm the completeness and accuracy of the information in the document. When you take a oath, you swear to your Supreme Being that you are being truthful and forthright with information that you are presenting, in either verbal or written form. When you take an affirmation you are pledging the same truthfullness and forthrightness on your own credibility but not to a Supreme Being.

Q. What about those thumbprints?

A. At the time of this writing, thumbprints are required for these documents: deed*; quit-claim deed; deed of trust. Some notaries may require thumbprints for all documents they notarize. They are a good record of your identity.

*Excludes a trustee deed resulting from foreclosure; a non-judicial foreclosure deed; a deed of reconveyance.

Q. Can I sign the document now and notarize it later?

A. Check with your legal representative. Many documents require that you add your signature in the presence of the notary public.

Q. I am very busy these days. Can I just pay the notary to fill out the document and notarize it at the same time?

A. In general, the notary public only executes the notarial certification. But note that a notary public may also be a qualified, certified and licensed professional and may be able to help complete your request in that capacity. If your document requires a jurat certification, you will need to sign the document in the presence of the notary public.

Q. I'm not sure which notarial certification I need for my document.

A. This is another referral to professional legal assistance for your important document or instrument. Although the notary public fills out notarial certificates, the notary public cannot select which one to use for any particular document or circumstance.

Q. Can I have my will notarized?

A. Once again, it is recommended that you consult with a qualified, licensed legal professional if you are considering a will as there are many laws and rules that govern wills.

Q. Can the notary public perform marriage ceremonies?

A. A few states allow notary publics to perform marriage ceremonies. In California, a qualified notary public may hold a temporary license to perform a confidential marriage.

Q. Can the notary public certify a copy of my birth certificate?

A. No. You should check with the holder of the original document if you need a certified copy. This is also true for marriage and death certificates.

Q. Can the notary public tell me if I'm getting a good deal on my loan of if there is a better one available?

A. No. The notary public cannot offer advice on your loan or legal document, unless, of course, the notary public also happens to be your licensed legal representative or a qualified and licensed specialist in addition to being a notary.

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