The 10 Most Common Mistakes Notary Publics Make (And How to Avoid Them)
Being a Notary Public carries significant responsibility. A simple oversight can lead to rejected documents, delayed transactions, complaints, or even legal liability. Whether you are a brand-new notary or a seasoned professional, avoiding these common mistakes will help you protect yourself and better serve your clients.
1. Failing to Properly Identify the Signer
One of the most serious mistakes a notary can make is notarizing a document without properly identifying the signer.
Always follow your state's identification requirements and examine the ID carefully. Never rely solely on personal familiarity, verbal assurances, or information provided by another person.
How to Avoid It: Always verify the signer's identity using acceptable identification and ensure the ID is current and appears genuine.
2. Not Requiring the Signer's Personal Appearance
A notarization should never be performed for someone who is not physically present (unless specifically authorized under your state's remote notarization laws).
Notarizing a signature after the signer has left or for a document someone else brings to you is a major violation.
How to Avoid It: Ensure the signer personally appears before you at the time of notarization.
3. Missing Signatures
Many documents require the signer to sign before the notary completes the notarization.
If a signature is missing, the notarization may be invalid.
How to Avoid It: Before completing the certificate, double-check that all required signatures are present.
4. Completing an Incorrect Notarial Certificate
Notaries sometimes select the wrong certificate or fail to notice that the certificate wording is incomplete.
An acknowledgment and a jurat serve different purposes and cannot be used interchangeably.
How to Avoid It: Carefully review the certificate wording and understand the differences between common notarial acts. If a certificate is missing, follow your state's laws regarding certificate selection.
5. Forgetting to Complete All Certificate Information
Leaving blanks in the notarial certificate can create opportunities for fraud or cause the document to be rejected.
Common omissions include the date, venue, signature, seal, or commission expiration date.
How to Avoid It: Develop a consistent post-notarization checklist and review every certificate before returning the document.
6. Improper Use of the Notary Seal
A blurry, incomplete, or expired seal can invalidate a notarization.
Many documents are rejected simply because the seal impression cannot be clearly read.
How to Avoid It: Regularly inspect your seal, keep it secure, and ensure every impression is clear and legible.
7. Failing to Keep Accurate Journal Records
Even in states where journals are not required for every act, maintaining detailed records can provide valuable protection if a notarization is later questioned.
How to Avoid It: Record each notarization promptly and completely. Include all information required by your state's laws and best practices.
8. Providing Legal Advice
Notaries often encounter signers who ask questions about the meaning of documents or which forms they should use.
Answering these questions may cross the line into unauthorized practice of law.
How to Avoid It: Explain your role clearly. If legal advice is needed, direct the signer to an attorney or the document preparer.
9. Not Reviewing Documents for Completeness
While notaries are not responsible for the document's content, notarizing documents with obvious blanks can create problems.
How to Avoid It: Conduct a quick visual review for blank spaces and incomplete sections before notarizing.
10. Rushing Through the Appointment
Many mistakes happen when notaries are distracted, pressured, or trying to complete appointments too quickly.
A few extra minutes can prevent costly errors.
How to Avoid It: Follow the same process every time. Slow down, verify identity, review the document, complete the certificate, and confirm everything is accurate before ending the appointment.
Final Thoughts
Successful notaries are not the ones who never make mistakes—they are the ones who build systems to prevent them. Developing strong habits, following state laws, and maintaining a consistent notarization process can help you avoid errors that may lead to rejected documents, complaints, or liability.
Remember: Every notarization is an opportunity to protect the integrity of the transaction and the trust placed in you as a Notary Public.
