Notarizing a document seems to be a mundane task but is most crucial. The task seems simple but your appointment with a notary public can cause certain risks if you are not aware. Important documents can be notarized fraudulently without your approval or knowledge. Imagine returning home from a long stay abroad and finding your house sold. The situation sounds impossible or implausible but regrettably, it is not. There are such controversies around real estate associated with refinancing documents signed by a robot.
The custodian brings a document to the Notary, who is responsible to verify the identification of the signatories. The document is signed in front of the Notary Public. There is no verification that the content stated in the document is genuine or a forgery. The Notary public is the representative of the legal system. His/her responsibilities are to check the signatory’s identities and make sure that the signers signing the documents clearly understand the text in the document. The notary even finds out if the signatories are signing of their free will. Besides, notaries check if the document is filled.
Remember – ‘The Notary is not liable for the document’s content integrity.
To protect yourself from Notary fraud, it is wise to choose a Notary public with experience and credibility. In Marylebone, Mr. Gupta from the GKG Notary agency has been serving the people of London as a solicitor for many years. Lately, he is handling the designation of a Notary Public and serving people efficiently in the notarial act.
Can a notary public notarize a forged document?
The document you received is a Xerox copy of the original document that was submitted to the proper authority. Everyone involved in the transaction got a Xerox copy of the notarized documents. You feel that the document’s Xerox copy is competent to represent the original document but you are wrong.
Any wording or paragraph or sentence within the document can get changed and recopied. Changing a couple of words inside the content will have a considerable impact on transaction results. For example, the original document contains your grandmother’s and your signatures. Over time, you find that you were disinherited but are certain that your grandmother has not done it. A page in the notarized document was swapped without your knowledge. The changes are so accurate that it becomes difficult to litigate against them in court. You will need the help of a good lawyer to pursue litigation based on deceitful documents.
So, the question arises in mind, whether the notarized document is real?
Some red flags associated with the Notary public you need to be aware of before hiring. Some of the things that a notary public is not allowed to do are –
- Prepare draft or advise on legal documents
- Participate in activities that establish the practice of law
- Overcharge service fees
- Notarize documents without the presence of a signer
- Issue ID cards
- Notarize their own signatures
- Certify copies recordable in public records
- Sign notarial certificate using another name instead of the commissioned name
- Misrepresent themselves advertising as ‘Notario Publico’ or ‘Notario’ [it means licensed public in Spanish]
Therefore when you search for a notary public, do a thorough groundwork. Ensure that the notary has a license and verify it by checking the actual notary seal, which has the year imprinted. After the document is sealed, it ensures that the notary’s name, date, and commission number along with its expiry date are clearly visible.
Translation certification & notarization
If you need a non-commercial document like a college diploma, driver’s license, etc. translated then you will need to hire a licensed notary. Notarization and certification influence the honesty and integrity of the translated document. An expert translator accurately translates the document and to ensure that the translated document is accepted, you need to ensure that best notarization and certification practice is followed.
Steps for translation certification and notarization
- An expert translator translated the document from the source to the goal language. A separate linguist proofreads the translation and edits it to gain top quality.
- An authentication translation certification is offered on letterhead. The certification proves that the translation is accurate and is carried by a professional translator.
- The notary public will notarize the translation certification after checking the validity of the translator and everything mentioned in the certificate.
- A Notary seal is stamped on every translated document and certificate. It means that if any document not carrying the seal is not covered under the certification.
What to do when businesses need a notary public immediately?
There are times when you need a notary public in an emergency to close a business transaction but finding one right away is a dilemma. Finding a credible notary is hard for new investors unfamiliar with an investment process. A notary public is a legal representative that is authorized to administer statutory declarations and oaths, verify and witness signatures, as well as to authenticate documents. The notary public offers impartial notarization and legalization services.
The deal is negotiated and the documents need to be promptly signed and completed. Today, digitalization has made it easy for everyone to find a notary. Online directories can help you locate one near your location. There are also options like mobile notary services that are beneficial to escrow companies and even lenders or brokers.
E-Notarization is a new notarization process gaining popularity in the real-estate sector due to this COVID-19 situation. Notarization can be received instantly. E-notarization is a safe, secure, fast, and effective process. For example, the notary meets in person with the borrower to review the loan document. Documents can even be viewed on the Notary’s laptop or lending institute’s website. After the review process, the documents are signed electronically in the notary’s presence. The documents get notarized electronically by the notary and emailed to the lending institution instantly.
Digital signatures save a lot of time for every business and there is no paperwork involved. Even the cost associated with print, mail, and fax documents are saved. The technology makes notarization easy and fast. Every document is embedded with a detailed audit trail that can offer sufficient proof in case of legal disputes.