Most real estate law firm or individuals provide notary services as a minor part of the job as an employee but not as a full-time notary. Employers involved include law firms, banks, real estate offices, title companies, courts, and contractors. Some of the notaries are self-employed business owners offering mobile notary services, car loan closings, real estate closings and other services like fingerprinting, courier service, and the process server.
The average person does not need a notary public service on a frequent basis, which means there are no retail clients to generate a steady monthly income. Of all the irritating, but essential errands you have to attend to after purchasing something is getting it notarized. When you need a notary and need them fast, do a search in Google for “nearest notary public” to find your best options.
You have to be careful. Essential documents could be notarized without your consent or knowledge. You can imagine arriving at your home after a long and relaxing vacation and you find a “for sale” sign in your yard. It may sound far-fetched, but, unfortunately, it is not. You should understand that notary fraud is common, thus it is essential to have some knowledge and know what to look for especially if it’s for commercial leases. Here are the main reasons why the whole process of having something notarized is not very creative.
Remote notarization provides excellent security features, much more than the traditional, paper-based process. Since the signer is no longer needed to appear before the notary physical, they must complete a KBA, which is a knowledge-based authentication process to verify the identity. This authentication process presents several questions to the respective signer about the information found in more than 30 years in the public records, like details from the credit reports, public health records, town hall records and more.
To obtain the access to the documents, the signer must provide correct answers to a specified number of questions within a given time. The proof of the signer’s identity is an essential element in the legality, security, and advertisement of the eNotarization. You need to adopt the digital notarization process since the remote eNotarizations leverage the digital technology. That is a secure form of digital signature that helps to embed the legal evidence of all signatures into the signed document.
A notary public is liable for any fraud or negligence in the course of providing or performing the duties. The bond that a notary public is required to provide or post ensures that the affected party can be covered up. But that particular notary may still be held liable for the damages caused and may be a subject to criminal prosecution, revocation, or even suspension of the notary public commission.
The most common types of notary fraud include falsified stamps, allowing the signer to provide or sign a document while notary public is not available, and failing to acknowledge the documents. You can protect yourself from the notary fraud by ensuring that the notary stamp is verified.
Most fraud cases, such as real estate fraud, start with the notary public who receives money to acknowledge your document fraudulently. This type of fraud is common because all the documents filed with all county records need a notary stamp. Most states do not have systems in place through which the verification process can take place. Since it is easy to get a notary stamp, notary frauds are becoming increasingly common.
What to Watch for In Notary Fraud
You should understand that there are various things that a notary public is not allowed to do. These things include:
- Drafting, preparing, selecting or giving pieces of advice concerning all the legal documents
- Performing acts that constitute the entire practice of law
- Overpricing the notary services
- Issuing the identification cards
- The signing of notarial certificates under other names than those under which it was commissioned
- Recording the identification numbers that were assigned by the federal government agency or by the U.S to the grantor, signer, or the maker.
If you need to notarize something, you should do the following simple tasks when seeking a notary public. Search for the notary on the state’s society notaries or any reputable institution such as tax preparation company or your bank.
You should also ensure that the notary is allowed to notarize your documents according to the new regulations by requesting to see the validity year and the actual stamp imprint. After the stamping process, ensure that the notary’s name, the commission number and the date when it expires are visible.