Notarization FAQ'S
A lot of people have misconceptions about notarization. We hope this information will help educate you and solve any issues before you reach the Notary's desk. According to the Notary Act of Pennsylvania, there are requirements that ALL NOTARIES PUBLIC MUST follow! Whether you go to an independent title clerk for the DMV, AAA, or an attorneys' office, medical office or bank, you and the Notary Public must follow the law. The actual job of a Pennsylvania Notary Public is
- To provide a neutral witness of the execution of documents
- To identify signers properly and keep records of the act
- To prevent fraud by assessing willingness and understanding
Common Myths of Notarization
- Notarization makes a document legal
- Notarization of a document DOES NOT MAKE IT LEGAL! Only an attorney can provide a legally binding document or opinion on a document. Remember a Notary Public is not an attorney or an officer of the court.
- You do not have to sign the document in front of the notary
- This is the biggest myth. Notarization consists of a few different actions. The main two is an Affidavit and an Acknowledgment. An Acknowledgement clearly states you acknowledged you signed the document. Which means you COULD sign it before notarization. But the notarial wording states the Notary properly identified you and you provided proper identification to the Notary. So even though you MAY not have to sign the document in front of the Notary, you must appear in front of the Notary and identify yourself as the signer. An experienced Notary will make you sign their log as proof you were there.
- The second common act is an Affidavit, Which says "Sworn and Subscribed before me etc." meaning you took an oath before signing and requires a "wet signature". This means you signed in front of the Notary, and was administered an oath by the Notary. So you can see the difference is somewhat confusing. My suggestion is, be safe, do not sign anything until you are in front of the Notary Public to avoid issues.
- You do not have to appear in front of the notary
- This is one of the biggest reasons for rejection by a Notary Public. By law you MUST appear in front of the Notary regardless of the type of notarization. That is the most important step in the identification and assessment process. YOU MUST APPEAR!
- You do not have to show ID
- The law again requires proper identification to take place. This is the whole purpose of notarization. They must verify your identity against the ID presented and assess your willingness and understanding of the document you are signing.
- The Notary does need to record the info off your ID
- Again by law not only must the Notary record this ID information in their log, but they must also verify the ID is correct and valid. This information is recorded to protect them from errors and to protect you from fraud.
- It does not matter what the document says
- Unfortunately that is also a misnomer. The context of the document must be scanned for blank spaces and be completeness. Notarization executes the document. Nothing can or should be added or changed once the document is notarized. Therefore the whole document must be presented in its entirety and be complete.
- The document has to be in English
- Again a myth. But there are a few stipulations to this. First the document must have the correct notarial wording attached in a language that the Notary understands. And the signer must be able to verbally communicate with the Notary in a language the Notary understands.
Always remember a Notary Public is not an Attorney, we can not provide forms, give legal advice or draw any documents. Nor can a PA Notary Public perform a marriage. If you are in need of legal advice, legal defense or a legal document drafted, please contact an attorney of your choice.
