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Notary Tip: 3 types of documents at high risk for fraud

Updated 6-3-24. Every document you notarize is important. But if a careless mistake is made on a notarization involving a signer's property, finances or medical treatment, the penalties and liability can be much more severe if the Notary is found to be at fault. In these situations, you must take extra care to properly complete each step in the notarization.

High-risk documents

The following types of documents present a higher potential risk of fraud:

  • Real estate documents are risky because they involve high-value property, such as homes or land, and con artists often forge signatures on deeds or other documents to take out fraudulent mortgages or sell a property out from under the rightful owners.
  • Powers of attorney are risky because if forged, they can give a person control over another individual’s bank accounts, property, and even medical treatment. Forging powers of attorney is becoming more common as more people reach retirement age.
  • Estate documents are risky because they determine who gets a person’s assets at death. Those who are left out may look for ways to sue a Notary who may have improperly notarized the signature.

Notarizing any document is like driving a car. You should always exercise caution behind the wheel, but when driving in a school or playground area you instinctively slow down and take extra precautions.

Improperly notarizing a parental permission slip may not be that risky; however, improperly notarizing a quitclaim deed or mortgage on a home property could result in a bank loaning hundreds of thousands of dollars to an imposter who has no intention of paying it back.

With high-risk documents, always take extra care when identifying the signers, completing the Notary certificate properly, and recording the Notary journal entry.

Bill Anderson is Vice President of Government Affairs with the National Notary Association.

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Related Articles:

Personal Appearance: The best protection for Notaries

5 common mistakes that can lead to legal problems


Additional Resources:

NNA Hotline


View All: Best Practices

48 Comments

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Mathew Thekkil

08 Aug 2016

Time to time reminder bulletins and NNA tips are very useful and appreciate it very much.

JOHN F OTTO JR

08 Aug 2016

THANKS FOR THE UPDATED INFORMATION--8bQTQN

Jerry Lucas

15 Aug 2016

I ask for a thumbprint for my notary journal for each notarized transaction. A criminal can forge a signature, but they can't forge a thumbprint. Our SOS recommends taking a thumbprint. If the signer commits fraud, law enforcement can use the thumbprint as evidence. State laws vary on using thumbprints.

Joan Coleman

07 Nov 2016

This is one of the most useful newsletters I receive. Thanks for all the good info.

Janet L. Anderson

31 Jul 2017

What issues arise from notarizing something for family members

National Notary Association

31 Jul 2017

Hello Janet. Rules for notarizing for family members vary from state to state. If you can tell us what state you are commissioned in, we can provide more specific information.

Rosemary Stevenson-Hanson

09 Jul 2018

Question: Does NNA have forms for Jurat and Certification? And where does a person find which should be used for each document?

National Notary Association

09 Jul 2018

Hi Rosemary. You can find Notary certificates available from the NNA at https://www.nationalnotary.org/supplies/notary-certificates. In order to make sure you order the correct certificate wording, please be sure that your state is displayed in the state flag image at the top of the page. If you need to change the state, click on the flag and select your state from the drop-down menu. Notaries should never choose what type of certificate wording should be used for a notarization-it is up to the signer to make that decision. For more information, please see this article: https://www.nationalnotary.org/notary-bulletin/blog/2015/07/notary-basics-avoiding-unauthorized-practice-of-law

Laura Fey

17 Jun 2019

A notary let my sister in law sign/ print Laureen on 1 fraudulent document and Laura on another. It was recorded and property was transferred. That wasn't the only fraudulent act. He was hired by an attorney and worked for a company. Who is liable?

National Notary Association

18 Jun 2019

Hello. We're sorry, but that is a legal question that would need to be answered by an attorney.

Betty Dedman

25 Jun 2019

I keep reading articles here (and other places that NSA's frequent) about notarizing documents that could get the NSA into legal trouble. How about just using common sense? Lenders and title companies demand 2 ID's for the US Patriot Form, or just for any loan package. We should do the same. If it doesn't "smell" right, DON'T NOTARIZE IT!!!! Do NOT make a mental leap that just because we should not question or Advise which documents the signer chooses does NOT mean we HAVE to Affix our signature/stamp to ANYTHING. "A notary public is a public official appointed by a state government to help deter fraud." Deterring Fraud means we don't help it happen. Don't turn off your brain in an effort to be helpful, or worse, bc you want a few dollars.r

Betty Dedman

26 Jun 2019

I keep reading articles here (and other places that NSA's frequent) about notarizing documents that could get the NSA into legal trouble. How about just using common sense? Lenders and title companies demand 2 ID's for the US Patriot Form, or just for any loan package. We should do the same. If it doesn't "smell" right, DON'T NOTARIZE IT!!!! Do NOT make a mental leap that just because we should not question or Advise which documents the signer chooses does NOT mean we HAVE to Affix our signature/stamp to ANYTHING. "A notary public is a public official appointed by a state government to help deter fraud." Deterring Fraud means we don't help it happen. Don't turn off your brain in an effort to be helpful, or worse, bc you want a few dollars.r

Cheryl Bailey

01 Jun 2020

Betty Dedman is right on target with her comment. "Common Sense", as well as knowing what type of notarizations a Notary Public can and cannot perform. If you are presented with a document that you are not quite sure about, you need to ask the person presenting some detailed questions before you excute the document with your notary stamp. You also need to ask for at least one form of ID, and photo copy, or scan it so you will have a copy just incase a problem arises. I have a portable scanner in my car for just this purpose, you can buy one at your local office supply store. Also, you should visit the National Notary Association's website, and speak with someone on their legal hotline to get answers before you initiate a notarization, especially if you are not familiar with the document or process. Here's the HOTLINE PHONE # 1-888-876-0827, and National Notary Association customer service phone # 1-800-876-6827.

Latisha Millard

01 Jun 2020

It's always good to have these reminders about the importance of the service we provide- and the risk.

Manju Lal

03 Jun 2020

Re: Chreyl Baiey's comment above, As far as I am made aware that it is unlawful act to make photo copy of a Driver's license...I don't know about any other id though. Please clarify.

National Notary Association

05 Jun 2020

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

betty walborn

03 Jun 2020

BEING THAT I JUST RECEIVED MY COMMISSION , I SO APPRECIATE ALL THE EXTRA INFORMATION. I HAVE USE THE HOTLINE ALREADY AND I FEEL MUCH BETTER. THANK YOU

Peter Carpinello

30 Apr 2021

I received a blank sheet of paper that has been notarized by a Banker at Webster Financial Services. I need to report this in CT, how and what should I do?

National Notary Association

05 May 2021

Hello. We would suggest you contact the CT Secretary of State's office at 1-860-509-6100 and request instructions how to report this incident.

hellersusan@ymail.com

11 May 2021

Thank you.

JENICE STEPHENSON

11 May 2021

What issues arise from notarizing something for family members in New Jersey

National Notary Association

11 May 2021

Hello. New Jersey does not have a specific prohibition against notarizing for relatives. However, the state Notary Public Manual says, “Notaries should refrain from notarizing documents in which they have a personal interest, including documents they have prepared for a fee.”

Brenda Rodgers

08 Jun 2021

I’m in Oklahoma and a 30 yr friend has asked me to notarize a bill of sale with an e-signature. The seller is not available to “wet” sign. What can I do? It is for a 2 man boat valued at 300.00.

National Notary Association

10 Jun 2021

Hello. If the signer is asking for a remote online notarization (RON), only Notaries who have registered with the state and met all other requirements may perform remote online notarizations. For more information, please see here: https://www.nationalnotary.org/knowledge-center/remote-online-notary/how-to-become-a-remote-online-notary/oklahoma

Alicia T. Robinson

04 Jun 2022

Great information! All documents are risky certain acts are memorable. Thanks NNA

mike

19 Nov 2022

our landlord died in the midst of transferring property to us. We've been long time tenants until he died in 2020 after he filed a quit claim because he has no heirs, or claimants. We've been waiting for his family to step into the picture. The family nor the state has stepped in thus far, we kept the land taxes paid up to date. It's 2 years later and out of respect we have not filed the quit claim in his absence, though he did give us a copy of the paperwork before his passing. All parties involved have signatures where designated. What do we do? Do we continue to dwell and wait and wait or is there some kind of way we can go about securing the property on the land we've been paying his taxes on for years.

National Notary Association

28 Nov 2022

Hello. We're sorry, but these are legal questions that would need to be answered by a qualified attorney.

Dennis Neal Fitzgerald

20 Nov 2022

Does every document I notarize need a page with a notification section for the notary to sign?

National Notary Association

28 Nov 2022

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Dennis Neal Fitzgerald

28 Nov 2022

I am commissioned in the state of Virginia

National Notary Association

30 Nov 2022

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Annie M Katosh

14 Feb 2023

Can a Missouri attorney representing a client with estate planning and also notorize said will and trust and POA documents and have the 2 witnesses be blood related to the attorney

National Notary Association

14 Feb 2023

Hello. In Missouri, “A notary shall be disqualified from performing a notarial act if the notary … [i]s a party to or named in the document that is to be notarized; [or] [w]ill receive as a direct or indirect result any commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the fees specified in [RSMo] section 486.685” (RSMo 486.645.3[1]-[2]). “A notary shall be disqualified from performing a notarial act if the notary… [is] a spouse, domestic partner, ancestor, descendant, or sibling of the principal, including in-law, step, and half relatives” (RSMo 486.645.3[3]).

Sharon Baskin

15 May 2023

recently notarized minority certification annual no change the first part say they acknowledge and agree however at end it has I affirm is this a an acknowledgement or oath of affirmation .I ask person he said oath He is affirming. which is correct?

National Notary Association

15 May 2023

Hello. It is the signer's choice whether to take an oath or an affirmation for a jurat. You may describe the difference to the signer and let them choose which one they prefer based on their personal beliefs.

ANN DYE

15 May 2023

I've been a Notary for quite some time...however, reminders are always good to receive...puts us all on notice where some problems may lie...I always get a thumbprint for all notarizations to protect me and the person I am notarizing for...extra caution always for any real estate matters...I am a semi retired Realtor so I understand the legal ramifications pertaining to issues with Real Estate which is usually the largest holding most people have...I am grateful for the Notary Hotline with NNA which I suggest all notaries should join...when I was new and questioned HOW TO a notarization the hotline always there to assist...Even now there is something I need clarification on that we don't see often....

National Notary Association

16 May 2023

Thank you Ann, please let us know if there are other Notary topics you'd like us to cover!

Lori Williams

15 May 2023

In California you are required to include the signer's fingerprint in your journal for certain types of documents.

Marquisa Hubbard

16 May 2023

What are the rules for the State of Alabama for notarizing for family members?

National Notary Association

17 May 2023

“(R)esearch does not reveal any law that prohibits a notary public from notarizing a relative’s or spouse’s signature. However, the better practice would be for a notary public to refrain from notarization of the signature of his or her spouse or immediate family member so the impartiality of the notary public would not be an issue should the authentication of the document be questioned” (Ala. Atty. Gen. Opinion 95-00289 of August 16, 1995).

Audrey Nelson

16 May 2023

Thank you for the update and eye-opener

Sandra Ajuzia

16 May 2023

I am a notary in Texas. Can Texas notary notarize medical power of attorney for family member if I am named as health care Agent

National Notary Association

17 May 2023

Hello. No, you should not. “Notarizations should not be performed by a notary public who is a party to the instrument or financially or beneficially interested in the transaction. The facts in each situation will determine whether the notary’s action was proper” (Texas SOS website, “Frequently Asked Questions for Notaries Public”).

Rich

28 Jun 2023

Hello, I’m a notary that is refinancing a property and will be the only person on the deed. I am removing my siblings through a quitclaim deed. Can I be the notary on the quitclaim deed and notarize it?

National Notary Association

30 Jun 2023

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Brandy Day

14 Jul 2023

can I notarize for family in a business setting in Indiana ?

National Notary Association

14 Jul 2023

Hello, In Indiana, a commission as a notary public prohibits the Notary from: “Perform a notarial act for: “(A) oneself; “(B) one’s spouse; or “(C) any party that may directly benefit a person described in clauses (A) or (B)” (IC 33-42-13-3[a][10]).

Mary J Keebler

17 Jun 2024

I appreciate all the information that you give us Notary's, keep up the good work. Thank you.

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