Top 10 Mistakes New Notaries Make (And How to Avoid Them)
Starting your notary career is exciting, but it's easy to make costly mistakes in the beginning. These errors can damage your reputation, expose you to liability, and even result in your commission being revoked. Learn from these common mistakes so you can build a successful, error-free notary practice from day one.
Notarizing Without Proper Identification
The most fundamental notary error is failing to properly identify signers. Some new notaries accept expired IDs, rely on someone vouching for the signer, or skip ID verification for people they "know."
How to Avoid:
Always require current, government-issued photo ID. Know your state's acceptable ID list and never make exceptions—even for family members or regular clients.
Not Keeping a Proper Journal
Even in states where journals aren't mandatory, failing to maintain detailed records leaves you vulnerable. If a document is later challenged, you'll have no evidence of what occurred during the notarization.
How to Avoid:
Maintain a journal for every notarization. Record the date, document type, signer's name, ID type and number, and any notes about the transaction. This is your legal protection.
Notarizing Incomplete Documents
Notarizing a document with blank spaces invites fraud. Someone could later fill in those blanks with unauthorized information—and your notary seal would appear to authenticate it.
How to Avoid:
Scan every document for blank spaces before notarizing. Have signers draw lines through unused spaces or write "N/A" in blank fields. Never notarize a document that isn't complete.
Providing Legal Advice
Signers often ask questions like "Should I sign this?" or "What does this document mean?" While it seems helpful to answer, doing so constitutes unauthorized practice of law—a serious offense.
How to Avoid:
Politely explain that notaries cannot provide legal advice and recommend they consult an attorney. You can describe what the document IS, but never advise whether someone SHOULD sign.
Having a Financial Interest in the Transaction
Notaries must be impartial. If you benefit financially from a transaction (beyond your notary fee), or if you're named in the document, notarizing it creates a conflict of interest.
How to Avoid:
Never notarize documents in which you have a personal interest, are named as a party, or will benefit financially. If in doubt, decline and refer the signer to another notary.
Using the Wrong Notarial Certificate
Using an acknowledgment certificate when a jurat is required (or vice versa) invalidates the notarization. Many new notaries don't understand the difference between notarial acts.
How to Avoid:
Learn the difference between acknowledgments, jurats, oaths, and copy certifications. When the document doesn't specify, ask the signer or document preparer which notarial act is required.
Not Securing Your Notary Seal
Your notary seal is a powerful tool that can be misused for fraud. Leaving it accessible to others—even briefly—creates serious liability if someone uses it without authorization.
How to Avoid:
Store your seal in a locked location when not in use. Never loan it to anyone. If your seal is lost or stolen, report it to your state immediately and follow procedures for obtaining a replacement.
Notarizing for Someone Not Present
"Can you just notarize this? They already signed it." This request is surprisingly common—and always illegal. The signer must be physically present at the time of notarization.
How to Avoid:
Never notarize unless the signer is physically present (or virtually present for RON). No exceptions—even if someone offers to pay extra or claims it's an emergency.
Overcharging or Undercharging Fees
Every state has maximum fees notaries can charge. Exceeding these limits can result in fines and commission revocation. Conversely, dramatically undercharging devalues your services and the profession.
How to Avoid:
Know your state's fee limits and charge appropriately. Post your fees visibly. For mobile notary services, you can charge additional travel fees—just distinguish these from the notarization fee.
Ignoring Signs of Fraud or Coercion
Notaries are gatekeepers against fraud. If a signer seems confused about what they're signing, appears to be acting under pressure, or if something just feels "off," proceeding anyway can make you complicit in fraud.
How to Avoid:
Trust your instincts. If something seems wrong, stop. Ask the signer to confirm they understand the document and are signing willingly. You always have the right to refuse a notarization if you suspect fraud or coercion.
Key Takeaways
- • Always verify identity with proper, current ID
- • Maintain a detailed journal for every notarization
- • Never notarize incomplete documents
- • Stay impartial—no legal advice, no financial interest
- • The signer must always be present
- • When in doubt, refuse and recommend another notary
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