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I Notarized A Document After My Commission Expired

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Is a document invalid if I notarized it without knowing that my license was expired? If so, am I liable or what can I do to clarify or correct the document?R. R., Columbia, South Carolina

If the notarization was performed at a time when you did not have a valid South Carolina commission, then a court could invalidate the notarization, and a recorder of deeds could reject a document for filing. South Carolina’s Notary laws do not pronounce such acts invalid.

The best course of action is to immediately inform your customer of the error and refer the customer to a commissioned Notary to have the document notarized again. 

You should not perform any additional notarizations until you obtain a new South Carolina Notary commission.

Each time you sign a notarial certificate, you are certifying that your commission is valid at the time (South Carolina Code Section 26-1-120[B][1]). Section 26-1-160 states that performing notarial acts if your commission has expired is a misdemeanor.

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2 Comments

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Trent Beasley

23 Nov 2024

If a document or trust is signed and stamped but the notorys commission had already expired by the date doc was stamped and signed is that instrument invalid void . Like could I get the house my dad left my step mom and her kids since the commission is expired on the instrument that their notory signed and stamped . Does this make everything null and void, invalidated. It couldn't be filed by the clerk or recorder could it.

National Notary Association

25 Nov 2024

Hello. We are sorry, but those are legal questions that would need to be answered by a qualified attorney. You will need to contact a lawyer to review your situation and answer legal questions about your specific situation.

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