You've been told you need to get your legal documents notarized, but you're not sure what procedures take place at the notary appointment. Here are the basic steps, and I'll tell you some things you can do to prepare for it so that it gets handled smoothly.
Bring your current identification.
You should be prepared with at least one form of government-issued photo ID such as a driver's license or a passport. It must be current, or unexpired. If, for any reason, you don't have an acceptable ID, and as a last resort, the notary may accept "credible witnesses." These are defined as two people who take an oath stating that they know your identity. These credible witnesses may not be a party to the transaction.
Does the name on your ID exactly match the name in your signature lines?
It is important to check whether the preprinted name in your signature line exactly matches the name on your ID. Does the signature line use a suffix like Jr or Sr? If there is a difference, let the attorney or the drafter of the document know before signing so it can be addressed.
A little background: type of notarization
Most legal documents to be notarized already include the notarial wording that follows your signature line (called the notarial block or notarial certificate). In many cases the notary portion either is not sufficient as is because it was drawn in another state, or it may not contain any notarial wording at all. Since we are in Virginia, the notarial block must contain all the elements required by the state of Virginia. If it cannot be amended in pen by the notary, they would attach a loose certificate. There are two basic types of notarizations--the Acknowledgement and the Jurat. You, the signer, will need to choose which one you'd like. If you're not sure which one you need, you can contact the drafter or the attorney who drew up the document. The notary may not choose it for you, as that would be considered the unauthorized practice of law.
All signers (and witnesses) must be present at the time of signing. All signers and witnesses must be present for the notarization to proceed. Witnesses must be at least 18, have their valid ID, and be an uninterested party to the transaction. Documents must be complete. There should be no blanks left in the document, as that can make it susceptible to fraud; everything should be filled in. If it is a loan document, be sure that the critical dates and interest rates are included so that there is no potential for fraud. The document should be completed and your questions answered before the appointment. All signatures and initials, though, must be signed in the presence of the notary. The only piece of the document the notary may complete is the content within the notary block. Have you reviewed the document(s) with your attorney or title company? As a notary, I can tell you the purpose of each document and point out highlights, but I cannot give explanations or offer legal advice. Reviewing the documents beforehand will give you a chance to ask questions. Signers must be aware, willing to sign, and show an understanding of the document. It is the notary's job to screen the signer for willingness and awareness. It is our job to check that the signer is acting voluntarily. This is important for an elderly or infirm person. Not only must they show an understanding of the document but they have to be able to communicate. The notary might ask questions to confirm that they are aware. If the signer is a resident of a healthcare facility and taking medication, you might consider whether a certain time of day finds them more alert or more communicative. The last step: sign the notary logbook. It's complete when the notary has filled out the notary block and placed their seal on the document. The notary's last step is to record the event in their logbook along with the signer's signature. It is important that both the notary and the signer take these actions in order to ensure that the documents are executed in accordance with our state laws. Taking these actions will help to protect the signer and the public from fraud. Looking for the best mobile notary in Fairfax County, Virginia? Contact June Siegel-Hill at jsiegelhill@gmail.com To schedule an appointment, visit www.emeraldmobilenotary.com October 16, 2024 Fairfax, Virginia
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