I’ve already been notarizing documents for over 12 years and I am astounded by the unbelievable variety of incompetent notaries which are notarizing files on a daily basis and just how little the public knows about this severe problem-until they know about it the hard way. I’ve seen countless files made by county clerks and consulates for leaving out mandatory notary wording, such as erroneous information, utilizing fuzzy stamps and many different other explanations. Each and every single day, these untrained and apparently clueless notaries set numerous legal documents and contractual agreements in risk-from Power-of-Attorney and Loan Records to Prenuptial Agreements, Travel Consent Forms and Wills.
The majority of the notaries notarizing now have received no or little instruction. They can study for a couple hours or days, choose the notary license evaluation and simply begin stamping away without a actual comprehension of the fundamentals of notarizing or the compulsory notary requirements. A large proportion of notaries do not understand even the most elementary notarization requirement: a document comprise either what’s called a notary “acknowledgement” or a “jurat,” 2 kinds of notary statements which are the center of a notarization. Having only the notary’s commission signature and stamp on a record, a frequent practice by most notaries, does not allow it to be notarized.
And you do not need to take my word for this notary. A research by one state institution of notaries a number of decades back affirmed that “a vast majority of notaries” were “not doing their duties correctly.” The analysis occurred in NY but it might have been achieved anywhere in the united states with the very same outcomes.
Another error notaries create is associated with the place where the notarization occurs. The notary section should include the notary “place”: the county and state in which the notarization happened. Rather than composing in where the notarization happened, many notaries frequently write in the county where they have their notary commission registered (information that’s contained in their notary stamps rather than what’s required for the place). Or they do not see the notary location is totally omitted from the record and don’t add it.
Notary customers are continuously caught off-guard with this neglect or incompetence and it frequently has significant impacts. Often, a client is going to wind up awaiting a government service line for a hour or 2 to receive a notarized record accepted and then have to begin from scratch once the record is rejected since the notary had no clue what he or she had been performing. The notary customer might also possess a flight later that day which will have to be postponed or cancelled because of not having the ability to receive their records correctly approved in time. I’d wager that there are worse disasters which incompetent or inexperienced notaries have caused I am simply unaware of.
Action has to be taken to protect against these cluttered practices from ongoing. It is time that the Secretary of State or Lieutenant Governor in most 50 nations–from NY to California–stepped in and began tracking notaries more carefully. To test their abilities, test administrators must give notaries a number of sample files (not theoretical multiple-choice inquiries which have very little significance to notarizing a genuine document) and must be taught to notarize the evaluation documents for a variety of functions, including global use. We could weed out the fantastic notaries in the poor, decrease the amount of legal records which need to be re-executed, re-notarized and re-authenticated and also to provide the public a fracture.