NOTARY FAQ's
What is a Notary Public?
In Florida, notaries are public officers appointed by the Governor at his discretion to witness the signing of important documents, taking of acknowledgments and/or affidavits and administering oaths.
What is a Loan Signing Agent?
A Loan Signing Agent is a notary specifically experienced and trained to handle loan documentation such as home closings.
What should I bring with me when we meet?
All you need to bring with you is a current form of government-issued identification (see list below). The document should also contain the notarial "certificate" verbiage which may appear on the document itself or as an attachment. If the notarial wording is not on the document the signers are responsible for knowing what type of notarization they need. Please note that a Notary Public legally cannot choose which type of certificate the document requires. If the signer does not know what kind of notarization they need, they must consult with the document issuing agency, receiving agency or attorney to help decide which wording will be needed. A notary is not an attorney and cannot give legal advice.
What forms of identification do Notary Publics accept?
A valid photo identification card is required by each signer, in order for a document to be notarized. One of the following will do as long as it is current or has been issued within the past 5 years:
State-issued driver's license
State-issued identification card
U.S. passport issued by the U.S. Department of State
U.S. military ID
State, county and local government IDs
Permanent resident card, or "green card," issued by the U.S. Citizenship and Immigration Services*
Foreign passport*
Driver's license officially issued in Mexico or Canada*
*Only in some states.
Acceptable ID's generally have the following characteristics:
· Government issued
· Photo
· Physical description (not required in passports)
· Signature
· Identification or Serial number
· Expiration date
NOTE: If none of the above Identification is available, or it would be excessively difficult for the document signer to obtain them, two additional persons who do have one of the above documents may be present who will swear to the signer's identity. The two individuals have to be over the age of 18, have valid identification ready for inspection and must swear or affirm under penalty of perjury that they personally know the signer. They will also need to be present at the time of witnessing and sign the notary journal.
Can I sign the document before the notary arrives?
It depends. A document with jurat wording (typically an oath or affirmation) MUST be signed in front of the notary. Documents with acknowledgment wording require only that the signer appear before the notary. They can be signed beforehand. If in doubt, wait until the notary arrives before signing.
Does the name on the document have to match my ID exactly?
Not necessarily. However, the name on the document can be no more than the name on the ID. For example, if the name on the ID is “Sue Ann Smith,” the document can bear the names “Sue Smith,” “Sue A. Smith,” “S.A. Smith,” but not “Sue Ann Taylor Smith” or “A. T. Smith.”
Why Can’t a notary prepare my documents?
The responsibilities of a notary are limited. For example, a notary is not allowed to prepare legal documents or offer legal advice about a particular document (unless he or she is also an attorney). A notary public in most of the United States and Canada has limited powers than those of civil-law or other common-law notaries, both of whom are qualified lawyers admitted to the bar: such notaries may be referred to as notaries-at-law or lawyer notaries. In common law, notarial service is distinct from the practice of law, and giving legal advice and preparing legal instruments is forbidden to notaries such as those appointed throughout most of the United States of America.
What is an Apostille?
An Apostille is a document that is provided by the Secretary of State as authentication of public official (e.i.: Notary Public) signatures on documents to be used outside the United States of America. The country of destination determines whether the authentication is an Apostille or Certification.
Apostilles and Certifications only certify to the authenticity of the signature of the official (notary public) who signed the document, the capacity in which that official acted, and when appropriate, the identity of the seal or stamp which the document bears. The Apostille or Certification does not validate the contents of the document.
Authentication Certificates are issued for documents which are destined for use in non-participating Hague countries, and Apostille Certificates are issued for documents destined for use in participating Hague countries.
Why are documents notarized?
Documents are notarized to defer fraud. An impartial witness (the notary) ensures that the signers of documents are who they say they are and not impostors. The notary makes sure that signer(s) have entered into agreements knowingly and willingly.
Does notarization mean that a document is “true” or “legal”?
No. Notaries are not responsible for the accuracy or legality of documents they notarize. Notaries certify the identity of signers. The signers are responsible for the content of the documents.
May a notary notarize a document that is in a foreign language?
Yes, a notary may notarize documents written in a foreign language as long as the notary can communicate with the signer without the help of a translator and the document is complete and the notary is able to understand the certificate wording.
Is my Notary background screened, bonded and insured?
Florida law requires all Notaries to purchase and maintain a $7,500 Notary surety bond for the duration of their 4-year commission. The Notary bond protects the public of Florida against any financial loss due to improper conduct by a Florida Notary. The bond is NOT insurance protection for Florida Notaries. In addition, I have full E & O insurance and have successfully passed a background check.