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    The 5 Most Common Notary Mistakes — and How to Avoid Them

    Chris Morgan
    April 22, 2024
    5 min read
    The 5 Most Common Notary Mistakes — and How to Avoid Them

    Small Errors, Big Consequences

    In most professional fields, a small mistake is correctable. In notarization, a single error can derail a real estate transaction, invalidate a power of attorney, or worse — expose you to a complaint with the Secretary of State. The good news is that the most common mistakes are entirely preventable once you know what to watch for.

    Mistake #1: Accepting an Expired or Unacceptable ID

    California law requires a signer's identity to be verified using one of the forms of identification listed in Government Code Section 8230. Acceptable IDs include a California driver's license or ID card, a U.S. passport, a foreign passport with a valid U.S. visa, and several other specific government-issued documents.

    What goes wrong: Notaries sometimes accept expired IDs, store loyalty cards, or out-of-state IDs that are not on the approved list.

    How to prevent it: Memorize the approved ID list. Check the expiration date on every document. If the ID is expired — even by one day — you cannot use it.

    Mistake #2: Completing a Notarization on an Incomplete Document

    If a document has blank spaces that appear to require information, you must not notarize it. Blanks create an opportunity for fraud — someone could fill in a blank after your seal is affixed, materially altering the document.

    How to prevent it: Before notarizing, scan the entire document for empty fields. If there are blanks, ask the signer or document preparer to complete or cross out any unused spaces. Never proceed with visible blanks.

    Mistake #3: Skipping the Journal Thumbprint on Real Property Documents

    California law requires a right thumbprint in the notary journal for documents affecting real property — including grant deeds, deeds of trust, and quitclaim deeds — as well as power of attorney documents.

    What goes wrong: In a busy signing appointment, the thumbprint step is easy to overlook, especially if the signing agent is moving quickly through a large loan package.

    How to prevent it: Build the thumbprint into your signing workflow as a non-negotiable step for every real property and power of attorney document. Keep an ink pad at every signing. If a signer refuses, you cannot complete the notarization for those documents.

    Mistake #4: Using the Wrong Notarial Certificate

    An acknowledgment and a jurat are two different notarial acts with two different legal purposes. An acknowledgment certifies that the signer voluntarily signed the document. A jurat certifies that the signer swore or affirmed the contents are true and signed in your presence.

    What goes wrong: A notary uses an acknowledgment certificate on a document that requires a jurat, or vice versa. This can render the notarization legally ineffective for its intended purpose.

    How to prevent it: Read the certificate wording carefully. If a pre-printed certificate says "subscribed and sworn," it's a jurat. If it says "acknowledged before me," it's an acknowledgment. When in doubt, ask the party who prepared the document — do not guess.

    Mistake #5: Notarizing When You Have a Disqualifying Interest

    You may not notarize any document in which you have a direct financial or beneficial interest. This includes documents you are a party to, documents that benefit you financially, or documents in which you or an immediate family member are named as a recipient.

    What goes wrong: A notary notarizes a deed that names their spouse as a grantee, or notarizes a contract they personally signed.

    How to prevent it: Before every notarization, ask yourself: "Do I have any financial or personal stake in this document?" If the answer is yes or even maybe, decline and refer the signer to another notary.

    Final Thought

    The hallmark of a professional notary is not speed — it is accuracy and integrity. Taking an extra two minutes to check the ID, review the document for blanks, verify the certificate type, and get the thumbprint is always worth it.

    Written by Chris Morgan

    Expert Notary Advisor at The Notary Public Institute

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