No one is infallible. Mistakes can happen, even in your role as a notary. Let’s review common notary mistakes that might occur, what happens if a notary makes a mistake, and what your response should be.
Common Notary Mistakes and How to Avoid Them
In today’s world, there are many different types of documents, and just as many reasons those documents might need notarization. Never rush your notarization process; familiarize yourself with the laws and rights that affect notaries in your state, and maintain detailed, accurate records.
Documents are commonly rejected for the following reasons:
- Not using proper spaces and information positions.
- Illegible documents, information, or signatures.
- Inaccurate dates.
- Unauthorized changes to the document.
- Notarization is affixed with adhesive labels.
- Incomplete or improperly placed seal.
- Inaccurate or expired commissions.
Your attention to detail is your best defense against common notary mistakes and more serious inaccuracies. Be fair, honest, and impartial with every notarization. Respect your client’s privacy and protect their interests within the boundaries of your notary duties.
Vital Steps for Every Notarization
Ensure In-Person or Remote Appearance
Face-to-face, visual confirmation between all signers and the notary, whether in-person or online, is essential for a notarized document’s validity.
Identify and Confirm the Signer
Always check a valid ID and confirm the identity of the signer.
A real ID is required; copies are not valid for notarization.
Execute Verbal Confirmation
Verbally review the purpose of the document being notarized with the signers.
Be sure to differentiate and implement the needed oath or acknowledgement correctly.
Verify a Clear and Proper Signature
Signatures must be obtained in the presence of the notary to be valid.
Prompt the signers to use the correct space.
Ensure that each signature exactly matches the ID and the legal name stated in the documents.
Review the Certificate
Read the details carefully and watch for non-compliant language or discrepancies before notarizing the document.
Review the documents for legal conflicts of interest.
Maintain Accurate Records
Keep timely, sequential, consistent, and accurate records for every notarial act.
Your notary journal should always include the actual date and time, as well as all required information about the signer and the document.
Correctly Affix a Notarized Seal
Take care when affixing your notary seal.
Seals must be current, complete, and not cover any text on the document.
How to Fix a Notary Mistake
Can a notary correct a mistake? Yes, in most cases, a public notary has several options available for making a timely correction as soon as a mistake has been detected.
It is important to note, however, that the notary can’t change any document content. It is only within their scope of practice to correct mistakes made during the actual notary process. This includes:
- The statement
- Notary signature
- Official notary seal
- Venue
You may be able to instruct the signer to line through the error, then sign and date the changes, fill out a new document, or create a corrective certificate. The same rules for the original notarization must be followed with any correction. This process requires the informed cooperation, consent, and presence of the signers.
What Is the Penalty for Notary Mistakes?
The range of consequences for a notary mistake can vary greatly. Most mistakes are minor, but if they aren’t addressed correctly, the situation can rapidly escalate and create bigger problems. If the mistake is resolved within 48 hours or less, it is less likely to result in severe penalties.
Penalties may include:
- Rejected documents
- Penalties, fines, and additional fees
- Legal action and lawsuits
Liability Insurance for Notaries
Negligence and significant notary errors can lead to legal action against the notary. This is why carefully following the legal notary process and maintaining protections for your business are extremely important.
Florida notaries are required to maintain surety bonds of $7,500. This bond protects the client if a notary makes an error resulting in financial harm.
To protect yourself from financial harm, it is also highly recommended that a notary carry
errors and omissions (E&O) insurance. This covers legal fees, court costs, and claims that may be brought against you.
Anyone performing online and remote notary services is required to carry a bond of at least $25,000 and the same amount in E&O insurance.
Be a Notary in Florida
Learn more about how to get started as a notary in Florida.
Start a new career by signing up to become a notary with the Florida Notary Association.