Notary Bulletin

Hotline Tip: Can I Notarize My Spouse's Signature?

Can a Florida Notary notarize his or her spouse's signature if the spouse is acting as a Trustee but the Notary is not a party to the transaction? Furthermore, can a real estate agent notarize loan documents for the buyer(s) when he or she is the real estate agent in the transaction? – P.L., Tallahassee, FL

A Florida Notary may not notarize for a spouse, son, daughter, mother or father (FS 117.107[11]). The capacity in which the spouse is acting has no relevance.

A Notary should not perform any notarization related to a transaction in which that Notary has a direct financial or beneficial interest (FS 117.107[12]). A financial or beneficial interest exists when the Notary is individually named as a principal or beneficiary in a financial transaction or when the Notary receives an advantage, right, privilege, property or fee valued in excess of the lawfully prescribed notarial fee. Since real estate agents receive a fee for their professional services, they may not notarize any documents related to the real estate transaction in question.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call (888) 876-0827, Monday through Friday, 5 a.m. to 7 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST

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Quiz: The Many Types Of Notarial Acts

Notaries perform many different duties for the public — and it’s easy to lose track of the different acts and what states they’re authorized in. Test your familiarity with common — and uncommon — notarial acts.

(A link to the correct answers is provided at the end of the quiz.)

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained Hotline counselors to help you with all of your notarial questions.

(888) 876-0827

Monday through Friday:
5 a.m. to 7 p.m. PST

Saturdays: 5 a.m. to 5 p.m. PST

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