As a newly dual-commissioned notary public and certified signing agent, I’ve encountered numerous misconceptions about notary services that can lead to confusion, delays, and sometimes invalid notarizations. These myths persist despite the critical role notaries play in preventing fraud and ensuring document authenticity.
Drawing from my comprehensive notary training and nearly 20 years of experience in high-stakes document management, I want to set the record straight on these common misconceptions. Understanding the facts will help you navigate the notarization process more effectively and ensure your important documents are properly executed.
Myth #1: “Notaries Can Notarize Any Document”
The Fiction: Many people believe that notaries are like rubber stamps. We can notarize anything placed in front of us as long as the person has identification.
The Reality: Notaries have specific legal limitations and cannot notarize just any document. We’re legally prohibited from notarizing documents that are:
- Incomplete or contain blank spaces
- Clearly fraudulent or suspicious
- Not signed by the person appearing before us
- Missing proper notarial certificates
- Vital Records (i.e. birth, marriages, death certificates)
- Violating state laws or regulations
Real-World Example: A client recently brought me a contract with several blank spaces, asking me to notarize it so they could “fill in the details later.” I had to explain that notarizing an incomplete document would invalidate the notarization and potentially create legal issues. We rescheduled after they completed all required fields.
Practical Tip: Always bring complete, final documents to your notary appointment. Review your paperwork beforehand to ensure all required fields are filled out and the document is ready for execution.
Myth #2: “Notaries Verify That Document Contents Are True and Legal”
The Fiction: People often assume that when a notary notarizes a document, we’re somehow validating that the contents are accurate, legal, or enforceable.
The Reality: Notaries do not verify the truthfulness, accuracy, or legality of document contents. Our role is specifically limited to:
- Verifying the identity of signers
- Ensuring signers are acting willingly and knowingly
- Confirming that signers understand they are signing the document
- Witnessing signatures (for jurats)
- Administering oaths when required
We are not attorneys and cannot provide legal advice about document contents, validity, or consequences.
Real-World Example: A client asked me to review a contract and confirm whether the terms were “fair and legal.” I had to explain that while I could notarize their signature on the contract, I couldn’t advise them on its legal implications. I suggested they consult with an attorney for legal guidance before signing.
Practical Tip: If you have questions about your document’s contents, legal implications, or enforceability, consult with an attorney or the appropriate professional before your notary appointment. Come prepared with all content-related questions already answered.
Myth #3: “Any Notary Can Perform Any Type of Notarization”
The Fiction: Some people believe that all notaries have the same authority and can perform identical services regardless of their location or commission.
The Reality: Notary authority varies significantly by state, and notaries can only perform notarial acts authorized by their commissioning state. Additionally, special certifications may be required for certain services:
State-Specific Limitations:
- California notaries have different authority than Texas notaries
- Some states, like Texas, allow Remote Online Notarization (RON), others, like California, don’t. California is set for RON approval by January 2030.
- Certain documents may require specific notarial acts in different states
- Fee structures and requirements vary by state
Specialized Services:
- Signing agent services require additional certification
- RON services require special technology and training
- Some states require separate authorization for certain document types
Real-World Example: A client assumed that because I’m a notary, I could automatically handle their loan signing. I explained that while I am a certified signing agent trained specifically for loan documents, not all notaries have this specialization. My additional training ensures I understand the complex requirements of real estate transactions.
Practical Tip: When choosing a notary, verify they have the specific authority and training for your type of document. Ask about their certifications, especially for specialized services like loan signings or RON.
Myth #4: “Notarization Can Be Done Over the Phone or by Email”
The Fiction: Some people believe they can get documents notarized without meeting the notary in person, through phone calls, email, or by having someone else appear on their behalf.
The Reality: Traditional notarization requires the physical presence of the signer before the notary. However, technology has expanded our options:
Traditional In-Person Requirements:
- Signer must personally appear before the notary
- Physical identification must be presented and verified
- Documents must be signed in the notary’s presence (for jurats)
- No phone, email, or proxy notarizations allowed
Remote Online Notarization (RON) Exception:
- Available in authorized states (like Texas) with proper technology
- Uses secure video conferencing and digital identity verification
- Provides the same legal validity as in-person notarizations
- Requires special equipment and training
Real-World Example: A client called asking if they could email me a document, have their spouse bring identification, and complete the notarization without appearing themselves. I explained that proxy notarizations are not valid and that they must personally appear, either in person or via RON if they’re outside my Texas service area.
Practical Tip: Plan to personally appear for your notarization, either in person or through authorized RON services. Don’t rely on phone calls, emails, or having someone else represent you. These methods will not be notarized.
Myth #5: “Notarization Guarantees Document Authenticity and Prevents All Fraud”
The Fiction: Many people believe that notarization provides absolute protection against fraud and completely authenticates a document’s legitimacy.
The Reality: While notarization is a crucial fraud deterrent, it has limitations:
What Notarization Does Provide:
- Identity verification using acceptable identification
- Confirmation that the signer appeared voluntarily
- Deterrent effect against many types of fraud
- Legal presumption of proper execution
- Permanent record in the notary’s journal
What Notarization Cannot Prevent:
- Sophisticated identity fraud using fake but convincing IDs
- Coercion that occurs before the notary appointment
- Fraudulent document contents (we don’t verify content)
- Forgeries that occur after notarization
- All possible types of document fraud
Real-World Example: A client expressed concern about a business deal and asked if notarization would “guarantee” the other party couldn’t defraud them. I explained that while notarization adds important legal protections and makes fraud much more difficult, it doesn’t eliminate all risks. I suggested they also consider other protective measures like legal review and proper due diligence.
Practical Tip: View notarization as one important layer of protection, not a complete fraud prevention system. Combine notarization with other protective measures like legal review, proper due diligence, and comprehensive documentation.
Additional Myths Worth Mentioning
Myth: “Notaries can charge whatever they want”
Reality: Notary fees are regulated by state law, with maximum allowable charges clearly defined.
Myth: “All notaries are the same”
Reality: Training, experience, specializations, and service quality can vary significantly between notaries.
Myth: “Documents notarized in one state aren’t valid in another”
Reality: Properly executed notarizations are generally recognized across all states.
The Importance of Professional Notary Services
Understanding these myths highlights why working with a properly trained, certified notary is essential. My comprehensive training through the National Notary Association, combined with my dual commission status and nearly 20 years of experience in document management, ensures that your notarizations are performed correctly and legally.
At Legacy In Ink, I’m committed to transparency and education. I want my clients to understand exactly what notarization does and doesn’t do, so they can make informed decisions about their document needs.
Technology and Modern Notarization
Remote Online Notarization (RON) has addressed some traditional limitations while maintaining security standards:
RON Advantages:
- Global accessibility while maintaining legal validity
- Enhanced security through digital identity verification
- Permanent audio-visual recording of the notarization
- Convenience without compromising legal requirements
RON Limitations:
- Must be performed by authorized notaries in approved states
- Requires proper technology and secure platforms
- Not all document types may be eligible
- Some jurisdictions don’t yet recognize RON notarizations
Red Flags to Watch For
Be cautious of notaries who:
- Claim they can notarize anything without restrictions
- Offer to provide legal advice about document contents
- Suggest they can notarize incomplete documents
- Promise to “guarantee” document authenticity beyond notarial standards
- Offer notarization services outside their commissioned state’s authority
Making Informed Decisions
Now that you understand these common myths, you can approach notarization with realistic expectations:
Before Your Appointment:
- Verify your notary’s credentials and specializations
- Understand what notarization does and doesn’t do
- Prepare complete, final documents
- Seek legal advice for content-related questions
During Your Appointment:
- Ask questions about the notarial process
- Understand the type of notarization being performed
- Ensure you’re comfortable with the document contents before signing
After Your Appointment:
- Keep proper records of notarized documents
- Understand that notarization is one protective measure among many
- Consider additional safeguards as appropriate for your situation
Your Documents Deserve Proper Care
Myths and misconceptions can lead to invalid notarizations, legal complications, and unnecessary stress. By understanding the facts about notary services, you can ensure your important documents are properly executed and legally valid.
Your signature represents significant life events and decisions such as home purchases, estate planning, business agreements, and more. These moments deserve the precision and professionalism that come from working with a properly trained, certified notary who understands both the capabilities and limitations of notarial services.
Ready to Get Your Documents Properly Notarized?
Don’t let myths and misconceptions compromise your important documents. Whether you need mobile notary services in California or Remote Online Notarization from anywhere in the world, Legacy In Ink provides the expertise and transparency you deserve.
Contact me today to schedule your appointment:
Phone | 424.354.1004
Email | tiana@mylegacyinink.com
Available | 24/7, including evenings, weekends, and most holidays
Mobile service throughout Riverside, San Bernardino, and surrounding counties
Same-day appointments often available
Remote Online Notarization available worldwide. Availability may vary based on jurisdictional compliance.
Why Choose Legacy in Ink?
- Dual-commissioned notary (California and Texas)
- Certified signing agent with comprehensive training
- Nearly 20 years of experience in document management
- Transparent about notarial capabilities and limitations
- Mobile services for your convenience
- RON services for global accessibility, when available
- Professional, educational approach to client service
Services Available:
- General notarizations (acknowledgments, jurats, oaths)
- Loan signing services
- Mobile notary services throughout Southern California
- Remote Online Notarization for clients worldwide (when available)
- Professional consultation on notarial requirements
At Legacy In Ink, I believe in empowering my clients with knowledge. Your signature is more than just your name. It’s your Legacy In Ink. Let’s ensure it’s executed properly, legally, and with full understanding of what notarization provides.
Dual Commissioned in CA & TX. Licensed, bonded, and insured. Certified & background verified signing agent with the National Notary Association. Committed to excellence in every appointment.