Yes, A Notary Is A Notary

ByEditor

Yes, a notary is a notary, at least in Texas. Everyone has a different idea of what a notary is to them. I have a couple of thoughts on this.

If you are a commissioned notary you can perform whatever notarial acts are allowed by law in your state. You will find references to “notary signing agent,” “mobile notary,” etc. As long as you are a notary you can be a signing agent or a mobile notary.

Notary signing agent is a term used by real estate and title professionals to describe a notary who has had special training in executing previously prepared loan documents at a location other than the title office or other location occupied by the title company. This notary is usually also a mobile notary because the notary normally has to go to the signer’s location to execute the documents. Some states may require certification for a notary signing agent.

A notary may not have specific experience in processing loan packages but can do so just the same. If you follow the basic best practices for a notary, lack of experience shouldn’t matter. Read the document notarial certificates to determine the required execution method, identify the signer, determine that the signer is competent, get the proper signatures, be sure all of the blanks are filled in and follow the instructions to return the loan package to the appropriate party.

Agencies often prefer to work with a notary with experience in their specific field to ensure consistency and correctness because a person who has done a lot of them knows what to expect and is less likely to overlook something. But, a good notary will be able to do the same thing just by following normal notary procedures to ensure everything is in place.

A notary who chooses to go to the signer rather than have the signer come to the notary is considered a mobile notary. This is a convenience that comes at a price because not only will you have to pay for normal notary fees (allowed by your state) but you will also have other fees for travel etc. The notary should be able to tell you the fee specifics before you schedule an appointment.

Please also remember that the notary has not only the right but is obligated by law and in some instances, conscience to refuse any notarization that doesn’t appear to be on the up and up.

Similar Posts

  • Signature By Mark

    A person who cannot sign his or her name because of illiteracy or a physical disability may instead use a mark – an “X” for example – as a signature, as long as there are witnesses to the making of the mark. For a signature by mark to be notarized, there must be two disinterested…

  • The Signer Must Be Present!

    If you need a notary to acknowledge your identity or take your sworn statement, that means that you (the signer) must be present and present proper and current ID at the time of the signing. I cannot notarize a document if the person whose name is on that document isn’t present. So unless you just…

  • Do you also need a witness?

    As more and more new residents flood North Texas and DFW, I have more and more requests for witnesses. It is a challenge for new residents to find unrelated witnesses. Depending on the document, care facilities may allow certain employees to be witnesses but most do not. As a mobile notary without a store front,…

  • The Signer Must Be Competent!

    Along with my earlier discussion about the signer being present, the signer must also be competent. A caller recently requested that I go to a nursing home where his elderly father was living. He indicated that his step-brother was controlling his father’s stuff against his (the father’s) wishes. He said that his father had a…