Notaries often encounter situations where witnesses are required to complete a notarization. Whether it’s for real estate transactions, powers of…
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February 14, 2025
Avoiding Common Notary Errors: How to Stay Compliant and Grow Your Business
As a notary, your role is essential in preventing fraud and ensuring the integrity of legal documents. However, even small mistakes can have serious consequences—leading to rejected documents, financial liability, or even the loss of your notary commission. The good news? Avoiding common errors not only protects you but also helps build a thriving business.
Let’s explore the top notary mistakes, how to prevent them, and how maintaining a flawless track record can lead to more opportunities and business growth.
1. Failing to Properly Identify the Signer
🔴 The Mistake: Accepting an expired or incorrect form of ID, failing to verify the signer’s identity properly.
✅ How to Avoid It:
- Always follow your state’s ID requirements.
- Confirm that the ID is valid and unexpired.
- Compare the ID’s photo and signature with the signer.
⚠️ Consequences: Not properly identifying a signer could result in fraudulent transactions, lawsuits, or the suspension of your notary commission.
2. Not Completing the Notarial Certificate Correctly
🔴 The Mistake: Leaving blank fields or forgetting essential details like the venue (state/county), date, or signer’s name.
✅ How to Avoid It:
- Always review the certificate before stamping and signing.
- Double-check for missing information before handing the document back.
⚠️ Consequences: Incomplete certificates can lead to document rejection, legal disputes, and E&O (Errors & Omissions) claims.
3. Improperly Administering an Oath or Affirmation
🔴 The Mistake: Skipping the verbal oath or affirmation when required.
✅ How to Avoid It:
- Always ask, “Do you solemnly swear (or affirm) that this statement is true?”
- Ensure the signer clearly acknowledges the oath.
⚠️ Consequences: A missing oath could invalidate the document in court and put the notary at risk of legal liability.
4. Not Keeping a Proper Notary Journal (If Required)
🔴 The Mistake: Failing to record notarial acts when required or keeping incomplete records.
✅ How to Avoid It:
- Always record key details: date, signer’s name, type of ID, document type, and fees.
- Secure your journal to prevent loss or tampering.
⚠️ Consequences: Poor record-keeping can increase the risk of fraud, legal disputes, and potential fines.
5. Using the Incorrect Notary Certificate
🔴 The Mistake: Attaching the wrong notarial certificate (acknowledgment vs. jurat) or using incorrect wording.
✅ How to Avoid It:
- Understand the difference between acknowledgments and jurats.
- Use state-approved notarial wording.
- Do not decide for the signer—explain their options and let them choose.
⚠️ Consequences: Incorrect certificates can lead to document rejection, legal disputes, and liability claims against the notary.
6. Overstepping Notary Authority
🔴 The Mistake: Giving legal advice, explaining legal documents, or notarizing for yourself or a close relative.
✅ How to Avoid It:
- Remember: a notary is an impartial witness, not a legal advisor.
- Never provide legal explanations—refer the signer to an attorney if they have questions.
- Recuse yourself from any notarization where you have a personal interest.
⚠️ Consequences: Unauthorized practice of law (UPL) can result in hefty fines, criminal charges, and voided transactions.
How Avoiding Mistakes Leads to Business Growth
Being a detail-oriented, error-free notary isn’t just about compliance—it’s also a smart business strategy.
✅ Reputation & Trust: Clients return to notaries they trust.
✅ More Referrals: Attorneys, title companies, and businesses refer reliable notaries.
✅ Higher Earning Potential: Professionalism leads to premium clients.
✅ Fewer Legal Issues: Avoiding costly mistakes protects your career and business.
✅ Long-Term Success: Precision and compliance set you apart from competitors.
💡 The fewer mistakes you make, the more your notary business thrives!
How to Stay Error-Free as a Notary
✅ Follow state laws & best practices.
✅ Keep your journal up to date.
✅ Use checklists for each notarization.
✅ Invest in ongoing training and stay updated on laws.
✅ Carry Errors & Omissions (E&O) insurance for protection.
Final Thoughts
Notary errors can have serious consequences—but they’re also preventable! By following best practices, staying informed, and maintaining high ethical standards, you’ll not only avoid costly mistakes but also position yourself as a trusted professional in the industry.