It’s a good thing you’re not a lawyer because you’re completely confused. I never said I refused to notarize his document. You’re right that you have no business saying I have no right to turndown a notarization.
A notary can decide not to notarize anything they so please if there’s a valid reason and this is one of them. As I made very clear, I have a policy for a confirmation signature the customer understands the notarization is unnecessary.
Matt that is totally inappropriate. Please remove me from your membership.
Exactly correct! Thanks for letting them know! I stated at the bottom of my post if they understand the notarization won’t make a difference but still want it I will notarize it with their signing admission of understanding.
It’s reminiscent of California’s law for many years not to notarize a Last Will and Testament that uses two witnesses as is protocol in the State.
If you don’t inform your customer’s notarization isn’t required for a Will in California that uses witnesses instead and suggest it’s okay to still notarize it, it’s unlawful.
On the other hand, when an attorney creates a Will for their client and adds a notarization, however unlikely, then the authority is acceptable so it’s okay to notarize it.
When the signer just decides to have a document notarized due to anxiety knowing it’s not needed, the notary informing the customer it’s not required is not practicing the law.
My draft idea:
I affirm the Notary Public, ************, I summoned for services at my residence on (date), made sure I clearly understood the document titled ______, I confirmed, did not require notarization.
Thus my request to still notarize the document has no corroboration on the notary’s part I take responsibility of herein.
Signed,
I have a great will story for you. It was back during my first commission at least 25 years ago. In addition to running an insurance agency, I was doing on-call notarizations for a local copy shop that did all my printing. A client came in, wanting a notary to notarize a change in his will. The owner called me down to the store where I reviewed it and told him I wouldn’t notarize it, but I’d be happy to witness it along with the owner of the copy shop, free of charge. Several months later, a lawyer who I knew called me down to his office for questioniAhis clie was the mother of the guy whose will we witnessed. She was upset because the signer left half of his property to his live-in girlfriend of 20 years. I was informed after my statement that we were in the clear and that the will stood l. I asked the lawyer the notarization and he said that would have voided the will. Live and learn I say.
Yes it is a notary’s responsibility. It’s actually illegal to notarize things that don’t need to be notarized so that’s why I make sure my customer understands.
My draft idea:
I affirm the Notary Public, ************, I summoned for services at my residence on (date), made sure I clearly understood the document titled ______, I confirmed, did not require notarization.
Thus my request to still notarize the document has no corroboration on the notary’s part I take responsibility of herein.
Signed,
Well everyone is playing politics overlooking the end of the post that clarified my intent is to make sure the customer takes responsibility for their unusual request.
My draft idea:
I affirm the Notary Public, ************, I summoned for services at my residence on (date), made sure I clearly understood the document titled ______, I confirmed, did not require notarization.
Thus my request to still notarize the document has no corroboration on the notary’s part I take full responsibility of herein.
Signed,
Yes so that’s why I feel it’s necessary for my customer to affirm they understand. Something like this.
My draft idea:
I affirm the Notary Public, ************, I summoned for services at my residence on (date), made sure I clearly understood the document titled ______, I confirmed, did not require notarization.
Thus my request to still notarize the document has no corroboration on the notary’s part I take responsibility of herein.
Signed,
Actually this is the way I’m going to protect my business from false allegations.
My draft idea:
I affirm the Notary Public, ************, I summoned for services at my residence on (date), made sure I clearly understood the document titled ______, I confirmed, did not require notarization.
Thus my request to still notarize the document has no corroboration on the notary’s part I take full responsibility of herein.
If they won’t sign it I won’t notarize it nor request payment.
I think I had to sign something like that.the last time I had something notarized that UPS.
Have you read this aloud? It’s not clear at all.
I think you need simpler sentences instead of a run-on sentence, because it’s hard to understand what you are affirming and what the signer is affirming. The second paragraph also is unclear. If you expect a signer to sign something, don’t make them read it three times to figure it out. I would also use simpler language instead of legalese because you’re not using it properly. As an example, what does “herein” refer to?
“herein” isn’t “legalese”, but I do agree it needs to be re-worded and polished up a bit.
However, Cheryl did say it was her first draft. She’s a former paralegal…she knows what she’s doing
Well Linda, she’s requiring the client to sign a disclaimer. If notary liability.wasn’t an issue, the California Secretary of State would not have mandated the following disclaimer on every notarial certificate generated in California.
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
Sounds official, doesn’t it? It sort of breaks down our role to ID checker.
I’m not sure any disclamer or E&O covers me while I’m mansplaining legal documents to a borrower. That why I’m a proponent of “point an sign”.
Well joe, the disclaimer on your certificates does not address the issue at hand
Well, she wants to protect herself against false allegations, whatever that is. Guys might be more worried about that than ladies, especially when you’re doing in-home appointments.
My Aunt did similar to give me her kid. Sad, isn’t it. She literally wrote on a piece of paper that I was her sons new guardian and had it notarized. It held up everywhere.
Can you cite where it states that it’s illegal to notarize a document that isn’t required to be notarized?
@Bobby-CA 
Concur 
**percent!**
It’s truly sad to see some who are so quick to judge & lightning fast to criticize others who are in a different State with varying rules, regulations, & laws . . .
Also, SO IMPORTANT to be helpful & insightful while being averse to the easy ‘blows’ of the often seen ad hominem attacks.
Please cite your authority for this statement.
If a person brought an agreement to you, and it didn’t have embedded notarial verbiage, how do you proceed?
Second scenario: A customer requests that you notarize his signature on a document in s foreign language. It is lacking an embedded certificate. How do you proceed?
Finally, what is it that you believe you need protection from that your form provides?
Loophole? I’m confused. What state are you in? What type of doc was it? I would refrain from drafting a document and having clients sign. If it is not a document that your state restricts a notary, you should notarize it if the client request. I would have attached a loose jurat or ack and notated my journal.