Notary FAQ

Notary Public Q&A

What Is a Notarial Act?

Any service a notary is authorized to perform is a notarial act. Common notarial acts include administering oaths and taking acknowledgments. When a notary public provides a service, they’ll always use their notarial certificate.

Before a notary public issues a notarial certificate, they will certify the document’s authenticity, the signers’ identity, and their willingness to sign it. The notarial certificate verifies the truth of the notarial act. It will have a notary seal or notary stamp and is valid in the eyes of the law.

You will need to notarize important financial, legal, or real estate documents. A notarial act provides satisfactory evidence to prove that no one agreed to the document under duress and that the signatories are who they say they are. If the documents are not notarized, they will not be valid or accepted by the other party.

When a court sees a notarized document, they know it’s legal. Sometimes, documents are notarized in front of a credible witness who also verifies the signer’s signature and identity.

What Is a Notary Public?

A notary public is a person who has been certified by the state to notarize documents. The state government, usually the Secretary of State, appoints them to act as an impartial witness and verify document authenticity. These notarial acts protect the state against fraud.

A notary can certify a document’s authenticity and state that an agreement was made consensually, but they cannot provide legal advice.

What’s the Difference Between a Notary and A Signing Agent?

The main difference between a Mobile Notary and a Notary Signing Agent is the focus of their work. While Notaries encounter a wide variety of documents, Signing Agents specifically handle home loan documents.

Mobile Notaries and Notary Signing Agents are both required to have a traditional Notary commission. However, NSAs must also pass a background check and an exam every year. Mortgage finance companies also require a background screening of Notary Signing Agents each year. This is not only to prevent mortgage fraud but also to ensure the borrower’s financial information is kept secure.

Some states have specific restrictions related to real property documents and may require additional professional licenses. The responsibilities of a Notary Signing Agent generally include printing loan documents, meeting the signer, notarizing their signature, and quickly returning the documents for processing. NSAs are also responsible for following any additional instructions from the lender, title company, or signing service that hires them for loan closing work.

SW Florida Mobile Notary and Signing Agent Services are licensed Signing Agents through the National Notary Association. We secure our due diligence on a yearly basis, while also carrying $1,000,000 in Error and Omissions Insurance through Hiscox.

Why Are Documents Notarized?

To defer fraud. An impartial witness (the Notary) ensures that the signers of documents are who they say they are and not impostors. The Notary makes sure that signers have entered into agreements knowingly and willingly.

Can I Come to Your Location?

Yes, however, we advise booking an appointment as we offer our services in multiple locations

How Soon Can You Have a Notary Here? How Much Advance Notice is Required?

For best results appointments are encouraged 24 hrs in advance. However, we will make every attempt to fulfill any last-minute and emergency request.

What are Your Terms and Polices?

No refunds for no-shows. Cancellations should be submitted via email or phone no later than 24 hours prior to the scheduled appointment. Errors on our part are corrected at no additional charge.

Why You May Need an Out-of-State Notary

Most of the time, people make a notarization request in their home state. The signer appears before the notary, and the verification process begins.

All this occurs in the state where the document was issued, which means it was in-state. But there are some situations where you might have a document issued in one state, and you need to notarize it in another.

This can happen with business agreements, medical proxies, real estate documents, vehicle purchases, and more.

An out-of-state notarization stretches across multiple states and needs to consider each state’s laws. Every state has laws that govern out-of-state notarizations for mortgage documents, wills, and other agreements.

Some states might allow an out-of-state notarization to happen, and others might not. Therefore, it is crucial to understand a state’s law before entering into a notary agreement.

A notary public can only notarize documents in their jurisdiction, which is generally the notary’s state. So, for example, you cannot hire a California notary to travel and notarize out-of-state documents in Texas.

Common Documents That Need Notarization

Various documents require in or out-of-state notarization. They are important financial, real estate, medical, or legal documents and contracts that can be legally binding and have a huge impact on someone’s life. As such, those entering into such agreements need to verify each other’s identities to protect themselves from fraud. The notary will take all parties through the notarization process for all these documents.

Auto Loans and Sales

When you’re purchasing or selling a car, you need to ensure there is no identity theft or credit fraud involved. Auto notary services help you reduce the likeliness of fraud. This type of notarization is beneficial to the dealership and the buyer. We have successfully closed over 800 vehicle sales by providing this service, as well as securing vehicle title transfers for other states and The State of Florida.

Real Estate Transactions and Mortgage Documents

A notary public is qualified to notarize Real Estate Documents. These include refinances, loan modifications, and second mortgages. The Notary Public’s Seal, Stamp, or Signature on a document makes that document valid and legally enforceable. As a licensed notary and signing agent we @ SW Florida Mobile Notary and Signing Agent Services can help you ensure all your paperwork is official and properly signed. We have successfully completed well over 10,000 real estate transactions.

Power of Attorney

A Power of Attorney is an important document that allows one person to make decisions for another person who is not physically present. Because of the legal weight that it carries, a notary must validate these documents with a witness present in The State of Florida. SW Florida Mobile Notary and Signing Agent Services pride ourselves on providing all resources for these transactions. Since our opening, we have helped over 1,500 families successfully complete their affairs in this department.

Medical Documents and Healthcare Proxies

Medical documents and Health Care Proxies normally follow or are completed at the same time as a Power of Attorney. Any incorrect information can be detrimental to all documents involved. Due to the sensitivity of these documents, SW Florida Mobile Notary and Signing Agent Services were one of the few notaries that were authorized to help our local community during Covid on nursing home and hospitalization authorization levels. Due to our medical knowledge, associations, and licenses, we were and do pride ourselves on providing all resources for these transactions. Since our opening, we have helped over 1,500 families successfully complete their affairs in this department.

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