Notary Public Underwriters Blog
Never Think That “It Can’t Happen to Me”!
- Details
- Published: February 8, 2022
As reported recently by multiple Florida news sources, a Notary commissioned in the Sunshine State has been arrested for alleged fraud involving a signed agreement between the Notary’s employer and the individual who signed the agreement.
Reports say that a salesperson for the Notary’s employer obtained the document signer’s signature on the disputed document. The signer’s signature required notarization, but the signer stated in a sworn affidavit that no Notary was present.
It is believed the employee Notary later completed the document’s notarial certificate, including signing it and affixing her official seal, entirely outside the presence of the document signer.
If this did occur, the Notary violated the bedrock rule of notarization—that a notarial act may never be performed without the document signer’s personal presence before the Notary. Nor could the Notary have satisfied her state’s requirements for properly identifying a physically present signer.
For her involvement in the allegedly fraudulent contract, the Notary was arrested, booked at her local detention center, and later released after posting a $2000 bond. If the Notary is found guilty of notarial misconduct, she is subject to additional penalties and sanctions under Florida’s Notary Public law.
Employee Notaries, always remember that you are solely responsible for knowing the laws and administrative rules that must be satisfied every time you perform a notarial act. Notaries too often skirt the requirements of notarial law, especially when going along with an employer’s established document signing procedures and workflow. Employers often don’t realize when their document-signing procedures conflict with Notary law requirements. Some Notaries don’t know their Notary laws and rules well enough to even recognize when there’s a problem. Others know better, but consciously decide to go along with bad procedure because they believe their employer is ultimately responsible.
Notaries, don’t believe for a minute that “it [landing in hot water] can’t happen to me.” This mindset is dangerous, especially if your circumstances cause you to routinely perform notarizations that you know aren’t complying in every way with your state’s applicable law and administrative rules. Instead of bending Notary rules, be a Notary champion by informing employers and customers of your Notary law requirements, and that consistently performing those formalities helps protect against claims of document signing fraud.
Are you protected?
Even Notaries who know their Notary laws and rules make honest mistakes, consider protecting yourself with an Errors & Omissions policy. Without one of these vital and affordable policies, you could face substantial legal fees - even if you are not at fault.
Notary Public Underwriters offers various levels of coverage to best meet your needs, even if you are a currently commissioned notary public. Rates can be prorated based on the remaining length of term. To see your options, select your state from the list below.
