Legal by Notarization
I honestly cannot count the number of times I've been asked the question, Once you notarize my document, will it be legal? If I were to guess, I'd say I'm asked at least once a week (during a slow week). It seems people feel that a notary public can do the same thing an attorney does, but at a cheaper price.
There is a general misconception that a notary public stamp on any document automatically makes the document legally binding, and the document is able to hold up in court. I am not sure where or when this myth started, but as notaries, at least in the state of Texas, we need to make sure we are not doing anything to perpetuate that myth. I warmly refer to this myth as the Legal by Notarization myth or LBN.
I first encountered the LBN myth several years ago. I received a phone call from an individual who was in the process of selling a vehicle, and he wanted the bill of sale notarized. When I arrived at the meeting location we exchanged pleasantries, and I asked to see the bill of sale. I was handed a handwritten document explaining the terms of the sale of the vehicle. The document did not include any notarial wording, so I explained to the gentleman who had hired me (Mr. Client) that I would need to attach a certificate to the document, either an Acknowledgement or a Jurat. I explained the purpose for the documents and asked which he would prefer to use. Of course, Mr. Client's next question was which is more legal? Mr. Client then went on to explain the purpose for getting the document notarized was to make sure the document was legal and would hold up in court.
To avoid an unauthorized practice of law (UPL) situation, I had to explain to Mr. Client that if he wanted a legally binding document that would hold up in court, then he would need to contact an attorney. I also explained the notary public's role (in the state of Texas) was to serve as a disinterested party, properly verify the identity of the document signers, administer an oath, or acknowledge that the document was signed willingly by the person(s) who were required to physically appear before the notary public, and record the signing of the document in the notary public's journal. After I explained all of this, Mr. Client finally chose a certificate, and we were able to proceed with the signing and notarization of the Bill of Sale.
I'm pretty sure that even though I was not able to guarantee Mr. Client that his bill of sale would hold up in court, he still felt more comfortable about the sale after having the document notarized. I'd like to think that this was attributed to the fact he was able to make an informed decision about the notarization process.
-- Phyllis Traylor, U.S. Army Retired is a Contributing Writer with the American Association of Notaries
Legal Disclaimer: The American Association of Notaries seeks to provide timely articles for notaries to assist them with information for managing their notary businesses, enhancing their notary education, and securing their notary stamp and notary supplies. Every effort is made to provide accurate and complete information in the American Association of Notaries newsletters. However, we make no warrant, expressed or implied, and we do not represent, undertake, or guarantee that the information in the newsletter is correct, accurate, complete, or non-misleading. Information in this article is not intended as legal advice. We are not attorneys. We do not pretend to be attorneys. Though we will sometimes provide information regarding notaries' best practices, federal laws and statutes, and the laws and statutes of each state, we have gathered this information from a variety of sources and do not warrant its accuracy. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, loss, damage, or expenses, howsoever arising, including, and without limitation, direct or indirect loss or consequential loss out of or in connection with the use of the information contained in the American Association of Notaries newsletters. It is your responsibility to know the appropriate notary laws governing your state. Notaries are advised to seek the advice of their states' notary authorities or attorneys in their state if they have legal questions. If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.
-
Advertisement [8]
-
Affidavits [2]
-
Apostille [2]
-
Conflict of Interest [6]
-
Copy Certification [4]
-
Duties of a Notary [12]
-
Find a Notary - Notary Locator [1]
-
Foreign Language Documents [4]
-
Handling Difficult Notarization [10]
-
How to Become a Notary [19]
-
I-9 Forms [2]
-
Identifications [4]
-
Loan Signing Agent [5]
-
Maintaining Your Notary Commission [11]
-
Marketing [16]
-
Membership to Notary Association [2]
-
Mobile Notary [5]
-
Notarial Certificates [11]
-
Notary & Employer [6]
-
Notary Best Practices [74]
-
Notary Bonds [2]
-
Notary Commission [3]
-
Notary Courses - Online Course [1]
-
Notary Errors and Omissions Insurance [1]
-
Notary Fees [5]
-
Notary Journals [12]
-
Notary Laws [11]
-
Notary News [3]
-
Notary Stamp and Supplies [37]
-
Practicing Law Without a License [13]
-
Privacy & Security [7]
-
Remote Online Notarization - (RONS) [4]
-
Steps to a Proper Notarization [77]
-
Taxes [4]
-
Website [2]
-
What Does a Notary Do? [21]
-
Wills [2]
- Read more
Notary bonds and errors and omissions insurance policies provided by this insurance agency, American Association of Notaries, Inc., are underwritten by Western Surety Company, Universal Surety of America, or Surety Bonding Company of America, which are subsidiaries of CNA Surety.