Notary Public§
Description§
A notary public is a legal officer appointed by the state government to serve as an impartial witness involved in the execution of important documents. Common duties of a notary public include administering oaths, taking affidavits, and verifying the identity of individuals signing documents to deter fraud and ensure proper execution. They are crucial in real estate transactions to ensure that deeds, contracts, and mortgages are legally enforceable.
Examples§
- Real Estate Closing: Eakins and Finwick agree to transfer a piece of property. At the closing, a notary public serves to witness the signing of all documents, ensuring that both parties’ signatures are authentic and that the documents are executed properly.
- Affidavits: An individual required to submit a sworn statement for court proceedings or administrative purposes may go to a notary public to swear and sign the affidavit under oath.
- Loan Agreements: When obtaining a mortgage, a borrower might need to have their loan documents notarized to ensure the authenticity of their signature and the validity of the initiated terms.
Frequently Asked Questions§
1. What is the main role of a notary public in real estate transactions? The primary role of a notary public in real estate transactions is to serve as an impartial witness to the signing of important documents like deeds, contracts, and mortgages, ensuring that all signatures are authentic and that the signers are acting without coercion or duress.
2. Can a notary public provide legal advice? No, notaries public cannot offer legal advice unless they are also licensed attorneys. Their job is to witness and certify the signing of documents, not to interpret or advise on legal matters.
3. What type of documents require notarization? Common documents requiring notarization include real estate deeds, loan agreements, affidavits, power of attorney documents, wills, and business contracts.
4. How does the notarization process work? The process involves the notary verifying the identity of the signers, ensuring they are signing willingly and knowingly, and then witnessing the signature. The notary then applies their official seal or stamp to the document.
5. Do notaries charge a fee for their services? Yes, notaries typically charge a fee for their services. The amount can vary based on the type of document and the state’s regulations.
Related Terms and Definitions§
- Acknowledgement: A declaration before a notary public by a person who has executed a document that the execution was their act and deed.
- Affidavit: A written statement made under oath before a notary public by someone who swears that the information contained within the statement is true.
- Deed: A legal document that grants the ownership of properties or rights.
- Contract: A legally binding agreement between two or more parties.
- Mortgage: A legal agreement by which a bank or lender lends money at interest in exchange for taking title of the debtor’s property.
Online Resources§
- National Notary Association (NNA)
- American Association of Notaries
- The United States Notary Directory
References§
- Notary Public Resource Center, “Understanding the Role and Responsibilities of a Notary Public.”
- National Association of Secretaries of State, “Notary Public Frequently Asked Questions.”
- Legal Dictionary, “Notary Public Definition and Duties.”
Suggested Books for Further Studies§
- “Notary Best Practices: Proven Techniques and Step-by-Step Instructions for Serving as a Successful Notary Public” by National Notary Association.
- “Notary Public Guidebook” by National Notary Association.
- “The Complete Handbook of Notary Signing Agent” by Monica Rawlins.
