Many of the answers are taken directly from 'The Iowa Notary Roles and Responsibilities'-Comprehensive Reference for an Iowa Notary Public'. The answers are within Iowa Code only none of which should be construed as legal advice.
A Notary Public is a person of integrity appointed by the Secretary of State to serve the public as an impartial witness in taking acknowledgments, administering oaths and affirmations, and performing other acts authorized by law. *"Fundamental honesty is the basic requirement to serve as a Notary. The whole structure of ethical standards is derived from the paramount need for Notaries to be trustworthy. The court system and the public are damaged when Notaries play fast and loose with the truth." The most common function of the Notary is to prevent fraud by attesting that a person actually signed a document.
*Notary Law Institute's paraphrase of the Iowa Supreme Court in Committee of Professional standards and Conduct vs Bauerle, 460 N.W. 2nd 452 (Iowa 1990)
What are the fundamental steps of Notarization?
A Notary Public in Iowa should execute three basic steps in the notarization process, each of which is essential to the completion of the process and each of which serves a separate function in protecting against document fraud or identity theft.
1) Screen the signer
2) Make a journal entry
3) Complete the notarial certificate
Completing these three steps will allow the Notary to meet the Standard of Care for the individual act of notarization. The term "Standard of Care' is a legal term that defines the minimum duty for the person who has accepted a notarial commission. The Standard of Care is the reasonable level of care that a prudent and cautious person would take in the same or similar circumstances as that faced by the individual notary. For the notary to do anything less than the Standard of Care invites invalidation of the notarial act, potential disciplinary procedures and the specter of further legal action by one or more of the parties to the document being notarized.
A Notary Signing Agent provides mobile loan closing services for title companies and their clients affording the ability to be flexible in meeting client's hectic daily life schedules. Many clients are not available to schedule signings during normal business hours. A Notary Signing Agent facilitates the loan signing at the borrowers convenience, seeing that all signatures are correctly executed as well as notarization and forwarding the documents back to the appropriate company.
What is the difference between a Closing Agent and a Signing Agent?
A Closing Agent prepares documents, dispurses funds and coordinates the real estate transaction. Signing Agents' work for closing agents. They are involved ONLY with the signing portion of the closing agent's duties. They act as a courier and impartial witness for signings. Signing agents must refrain from giving legal advice and refer questions to the closing agent or the lender.
The Notary has the authority to perform Acknowledgments (a formal declaration made before a Notary that the person signing the document did so freely, voluntarily, and for the purpose stated in the document), Jurat (Verification-the main purpose of a jurat is to compel truthfulness in a signer. the signer must take a verbal oath and sign the document in front of the Notary), Copy Certification (A document that has been verified as an accurate reproduction of the original, privately held document)
Yes. Before any signature may be notarized, the signer must appear before a Notary Public. Only with the signer present can the Notary properly verify that he or she is willingly signing the document.
No. Copies of these items have to be Certified by the Government Entity that issues them.
A Notary may only certify copies of privately held documents. NEVER certify copies of PUBLIC documents - vital records such as birth/death certificates and recordable documents such as deeds. Photocopy of original should not be modified in any way; it must be an exact replica.
Yes.
What type of identification do I need?
The best forms will include a picture, a physical description, a signature for you to compare and be issued by a governmental agency. A valid driver's license, non-driver ID or passport may be used.
To deter fraud. An impartial witness (the notary) ensures that the signer of the document is who they say they are. The notary makes sure that the singer has entered into the agreement knowingly and willingly.
Notarizations - What are they?
Notarizations are official acts which authenticate signatures on documents. Because a Notary is an agent of the state, a notarization is an official certificate that may be relied upon by the public.
Notarizations do NOT:
1) provide a "seal of approval"
2) have any effect on the contents or truthfulness of the document
3) do not make the document legally enforceable or valid.
What must a document contain to be notarized?
For a document to be notarized, it must contain:
1) text committing the signer in some way
2) an original signature of the signer, not a photocopy (if a signature is required).
3) a notarial "certificate," which may appear on the document itself or on an attachment.
The word (seal) beside the borrower's signature spot?
The term "witness my hand and seal" on documents refers to the borrowers hand
(signature) and seal...not to a notarial seal.
There was a time, and in some states possibly still is true, when documents were
signed under seal. In many states it is an archaic term of art. They usually
related to corporate documents and documents to be recorded in the land records.
If the signer could not sign his name, he used his seal. The requirement of a
document signed under seal (signer's seal ...not notarial) is a requirement that
dates back to a time when most people were illiterate. They were unable to sign
their names, so they used ther seal. If they were of a noble house they used a
family coat of arms usually in the form of a signet ring impressed in sealing
wax. If they were of common origin they simply used an "X" or other pictograph.
If you have ever seen the movie of "Mobie Dick" you will recall the harpooneer
Quig Quig signing with the picture of a whale. Locally here in Connecticut there
was a formal treaty signed with a local Indian chief during the colonial period
in which his seal was a picture of a bow and arrow...not a formal signature as
we know it, but perfectly acceptable as a seal. The seal is most often seen on
deeds. In many states the requirement of the seal can be satisfied by the word
seal written in parentheses (Seal) or the letters LS in parentheses (L.S.) of
course if the signer has a formal seal this may also be used. Corporations apply
their resepective corporate seal. This is generally done by the corporate
Secretary as keeper of the corporate seal. By today's standards of literacy the
signer of the document is simply required to sign his name, and if his seal is
required after his signature, it usually takes the form of (Seal) or (L.S.).
The above history lesson was provided by Kevin from CT on an internet forum. Thanks to Kevin for this wonderful information.
What if the document is already signed, can a notary still notarize it?
If the document has already been signed, the Notary should ask the person to sign the document again, either above or below the signature
See the next question for an exception.
Does an acknowledgment require that the document be signed in my presence?
1) Signer must personally appear before the Notary
2) Signer must be identified by the Notary through personal knowledge, identification documents or credible identifying witness
3) Signer must acknowledge having willingly signed the document.
Acknowledgements do NOT have to be signed in the Notary's presence, provided the document signer personally appears before the Notary with the document to acknowledge he or she signed it.
Do I have to verbally administer an oath when performing a verification (jurat)?
1) Signer must personally appear before the Notary
2) Notary MUST watch the signer sign the document
3) Signer must be positively identified by the Notary
4) Notary must administer a verbal oath or affirmation.
The main purpose of a jurat is to compel truthfulness in a signer.
Typical wording for an Oath/Affirmation is: "Do you swear/affirm that the statements in this document are true?"
Jurat certificates are executed on verification documents - affidavits and depositions.
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