by Edwin Ivanauskas | Tags: Banking

Everyone needs some type of document notarized at some point in their life whether it is a will, a power of attorney, or any other legal document. This is where the notary public comes in; they will witness the signing of these documents and administer oaths when necessary to make sure there is no fraud committed.

Some notary publics have to complete an educational course and go through a criminal background check before they can become a notary public.

Why documents are notarized

Documents are notarized to prevent fraud. The notary will witness the signing of the legal document and make sure that the signers of the legal document are who they say they are. The notary will also make sure that the signers that are entering an agreement are doing so knowingly and willingly.

What is notarization?

For a document to be notarized it must have an original signature (not a photocopy) of the document signer. A notary "certificate" sometimes will be attached to the document itself or it may appear on the document. The notary public must sign the certification and then will apply his or her seal to complete the notarization. The notary will then record the action in their Notary Journal. Sometimes a thumbprint of the signer is required in the journal also.

Automotive signing

When you buy an automotive it is sometimes required by the lender or dealer to have the documents notarized. What will happen is the notary will receive the documents from the dealer or lender and then will meet with the buyer to secure signatures. After that the documents are returned to the dealer or lender.

Do you have to have your documents notarized?

The law does require some documents to be notarized such as real estate deeds, some affidavits, wills, and power of attorneys.

How a notary identifies a signer

To identify a signer the notary public will have to see some sort of current documentation that has a picture, a number, a physical description, and a signature of the signer. Driver's licenses and military ID's are acceptable as are passports. If the signer has no type of identification the notary will still notarize the document if there are two people that will witness it that personally know the signer that have proper ID for themselves, and can attest to the identity of the signer.

Does a notarized document make the document true or legal?

Just because the document is notarized does not make it true or legal. If the document is notarized it simply means that the notary confirms the identity of the signer. The signers are responsible for what the document entails.

Notaries cannot certify birth or death certificates. For that you will have to contact the county administrator where the birth or death occurred. Notaries are not allowed to give out any legal advice and cannot draft a legal document.

A fax or photocopy can be notarized as long as the signature is in pen and ink; a faxed signature can never be notarized.

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