Frequently Asked Questions "FAQs"

1. What is a California Notary Public?

A Notary is a government officer and public servant who serves as an impartial witness in taking acknowledgments, administering oaths affirmations and performing other acts authorized by California state law. A California Notary Public is not an attorney and is not licensed to practice law, may not give legal advice, draft legal documents nor accept fees for legal advice.

2. What is a Certified Signing Agent?

A Certified Signing Agent is a commissioned Notary Public who specializes in home loan document signing. State law and lenders regularly require notarization of documents, such as Deeds of Trust, Mortgages, etc., so a Notary with specific training in this area is often employed to facilitate loan signings. A Certified Signing Agent is not a loan officer, escrow officer or a closing agent.

3. Why are documents notarized?

Documents are notarized to deter fraud and to ensure they are properly executed. An impartial witness (the Notary) identifies signers to screen out impostors and to make sure they have entered into agreements knowingly and willingly.

4. What documents CAN NOT be notarized?

Incomplete documents, copies of birth, death or marriage records, wills, immigration documents, photographs and copied or faxed signatures.

5. How does a Notary identify a signer?

Generally, the Notary will ask to see a current identification document or card with a photograph, physical description and signature. A driver’s license, military ID or passport will usually be acceptable.

6. Is notarization required by law?

For many documents, yes. Certain affidavits, deeds and powers of attorney may not be legally binding unless they are properly notarized.

With other documents, no. Private entities and individuals may require notarization to strengthen the document and to protect it from fraud.

7. Does notarization make a document "true" or "legal"?

No. A notarization typically means the signer acknowledged to the Notary that he or she signed the document or vouched under oath or affirmation that the contents of the document were true.

8. May a Notary give legal advice or prepare legal documents?

Absolutely not. A Notary is forbidden from preparing legal documents or acting as a legal advisor unless he or she is also an attorney. Violators can be prosecuted for the unauthorized practice of law, so a Notary cannot answer your legal questions or provide advice about your particular document.

9. Does every signer have to personally appear before the notary?

The signer must appear in person before the Notary on the date and in the county stated in the notarial certificate.

10. Does a document have to be signed in presence of the Notary?

Documents requiring acknowledgments normally do not need to be signed in the Notary's presence. The signer however must appear before the Notary at the time of notarization to acknowledge that he or she freely signed for the purposes stated in the document. The Notary must positively identify the signer either through personal knowledge, one or two credible identifying witnesses or proper identification cards. A document requiring a Jurat must be signed in the Notary's presence as dictated by the typical wording, "Subscribed (signed) and sworn to before me". The Notary certifies having watched the signing of a document and having administered an oath or affirmation in which the signer declares the document to be truthful and accurate.

11. Can a Notary refuse to serve people?

Only if the Notary is uncertain of a signer's identity, willingness, mental awareness, or has cause to suspect fraud. Notaries may not refuse service on the basis of race, religion, nationality, lifestyle, or because the person is not a client or customer.

12. Where can I report unethical or unprofessional Notaries?

Any wrongdoing or illegal activity should be reported to law enforcement and the appropriate Notary-regulating state official (typically the secretary of state, governor, lieutenant governor or attorney general).