Did you know?

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Did you know that in Texas and most other states…….

  • A notary public is not a notario or notario publico?
  • A notary public is not authorized to practice law?
  • A notary public may not give legal advice or prepare legal documents?
  • A notary public may not charge a fee for preparation of immigration documents or represent someone in immigration matters?

When I get a call requesting notarization, before I make the appointment, I ask questions about the document. I want to be sure the document has the necessary information. I’ve received many calls for notarization and after asking a few questions determined that there is no notary language. Most of these documents are from other countries, normally Powers of Attorney. The caller insists that it must be notarized and they don’t understand that I can’t tell them what notary language to use.

More and more people are creating their own documents online. If they use one of the online legal services there is at least a proper certificate but some are just copying another will from a relative and don’t have a notary certificate at all.  Once again, I have to tell them that I am not an attorney and to answer their question would be practicing law therefore I must decline to answer the question. There is a very thin line between being helpful and practicing law.

“I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.”  This is the motto by which a Notary Public must work. There are attorneys who are also Notaries and they may practice law and give you legal advice.

Notary Referral for 11/3 – 11/7

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I will not be available for notary assignments from November 3, 2011 – November 7, 2011.  I have asked another notary to cover for me so please call Toba if you need services during this time. You can reach Toba at t972-898-4828r. Please disregard the letters at the beginning and end. This is to prevent spammers from automatically collecting telephone numbers for spamming purposes.

I can’t guarantee that Toba will be available as she too has other commitments but please contact her if you need a notary and I am not available.

Toba is also a mobile notary signing agent if you happen to be a real estate agent or title company representative.

I’m Mobile But You Can Come To Me

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I am primarily a mobile notary because most people who need me aren’t able to leave their home, hospital or nursing home. If you just need a notary and can come to me, call for availability.

It’s easy to find a notary during the day but if you need one after hours or on a weekend you’re out of luck.  I can’t promise I’ll be available when you call but you won’t know if you don’t. If you come to me, standard notary fees apply.


Does It Matter When Your Commission Expires?

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Day in and day out we notarize documents. As a notary in the State of Texas the document is valid as long as the date it was signed and notarized is on or before the date your commission expires.  I never really gave it much thought but recent conversations with people involved with adopting children from other countries has given me reason to add another question to the mix.

Adopting a child from another country?

The notary commission in Texas is good for 4 years. Many countries have tough adoptions rules and I’ve heard horror stories about people who have submitted their paperwork only to have it returned because by the time the information was processed in the other country, the notary commission had expired and was not accepted.

If you are considering adopting from another country, be sure that any documents requiring notarization, are notarized by a notary whose commission doesn’t expire for at least a year, more if possible.

So you need a notary, now what?

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What Is The Procedure?

1. You need to know and understand what you are signing. I am not an attorney and I cannot draw up legal documents, explain their meaning or give you an opinion of them.

2. The signer and I must be in the presence of each other and I must see the signer sign the document. Never sign a document ahead of the appointment!

3. The signer must have a current, valid photo identification. I must be satisfied that you are the person you say you are and the name on the ID must match that on the document. It must be a government issued photo ID. A social security or medicare card is not acceptable identification. I will ask you to sign my journal.

4. After I have identified you, I may ask a few questions. This is to determine that you understand the purpose of the document; in some cases additional questions may be asked to determine competency.

4. After you have signed the document, and any required oaths have been administered, I will fill in the notarial certificate and apply my seal.