Professional Notary Services

To ensure that the notarization process goes smoothly, here are some things to be aware of before you arrive:

• Know whether or not you need a witness. (Call your notary ahead of time if you aren’t sure.)

• Bring a valid and unexpired government-issued photo ID which includes your name, birthdate, serial number, and issuing authority. Examples of acceptable documents include passports, state ID cards (with expiration date), a driver’s license, a commercial driver’s license, or military ID (including signatures).

• Don’t sign your documents ahead of time. Documents signed outside of the notary’s presence cannot be notarized.

• False or incomplete documents cannot be notarized.

A Notary Public Signing Agent has special training and certifications on documents pertaining to Real Estate transactions. If you have ever purchased Real Estate, you know there is a large set of documents that must be properly executed for the transaction to be properly filed through escrow. Make sure that if there are initials at the bottom of every page that you initial even the pages that include your full signature. It is also important to sign your name as it is written on the Real Estate documents. As an example, if I sign my first initial with my last name but my full first, middle, and last name are on the documents then I must sign the documents with my first, middle and last name. Make sure to present any directions from the escrow title company to the Signing Agent.

To protect yourself, it is important to note the things a notary is not allowed to do, including:

• Performing acts related to the practice of law

• Selecting, drafting, preparing, or offering advice on arranging legal documents

• Overcharging for notarization services. State law limits how much a Notary Public may charge

• Notarizing a document without the signer present (although some states are beginning to allow virtual signings, Nevada has not allowed virtual signings at the time this post was written)

• Issuing ID cards

• Signing a notarial certificate in a name other than their own

• Certifying copies of documents that are record-able in public records

Be especially weary of any notary using “notario publico” or “notorio” in their advertising. A notary in the U.S. does not perform the same function as a “Notario Publico” (an attorney in a Spanish-speaking country) and cannot practice law, provide legal advice, or accept fees associated with legal advice unless they are licensed by the state to practice law.

While most Notary Public’s take their responsibilities very seriously, mistakes can happen, which can result in legal issues for all parties involved. Even worse, some practitioners abuse their powers to scam consumers or continue to provide services after their appointments have been suspended, revoked, or expelled.

To protect yourself, it is important to check the credentials of a Notary Public. At a minimum, your Notary should be certified by the state of Nevada and their Notary Certificate should be posted at their location or presented upon request. Also, look for Notaries that are members of the National Notary Association, as they have the added benefit of staying up on the latest laws, standards, and rules to minimize risk. You can go to the following., (https://www.justice.gov/eoir/list-of-currently-disciplined-practitioners) to make sure your Notary is currently credentialed and see a list of Nevada’s suspended Notaries, please go to the following., (https://www.nvsos.gov/SOSNotaryApp/AnonymousAccess/SuspendedNotaries.aspx)

It is also helpful to select a Notary service nearby, so you don’t have to travel far. Some notaries even offer mobile services for added convenience.

Once you select a Nevada Notary Public, give them a call. Your Notary should be easily accessible by phone and should be able to answer any specific questions you have. If you haven’t experienced this, it is time to find a different one.

It is also good to be aware of rules in your specific state regarding notarization's. In Nevada, for example, online webcam notarizations aren’t permitted because they don’t meet the state’s law governing personal appearance. The Nevada Secretary of State’s office told us at the time we wrote this post that they are working on it, but they have not yet implemented this option. Individuals seeking notarization are required to appear in person to sign the necessary documents in the presence of the Notary Public. Beware of any private companies offering online notarization services.

Acknowledgement and jurat certificates are the two most common notarial acts, yet, for many signers, there is confusion about the difference between these forms. Some notaries even find it difficult to remember which procedures apply to which certificate.

This service is usually affordable. Most notaries charge by either the document or signature, at a rate of anywhere from $1 to $20. Some states cap the maximum amount a notary can charge.