The duties Notaries perform are strictly regulated by state law. Answering the wrong kinds of questions from signers can get us in serious legal and financial trouble. Below are some examples of risky questions signers may ask Notaries, why these questions are potentially dangerous, and how the NNA’s Hotline Team recommends us to respond.
· "Can't you just bend the rules to help me out?
· “I forgot my ID. Can’t you just notarize my signature without it?”
· “My kid is sick, and I can’t make it to your office. Can’t I just send the document for you to stamp and pick it up later?”
· “This is an important client. I know the law says you need to ask for his driver’s license, but I don’t want to embarrass him, so would you just notarize without it?”
The Risk: Failing to follow correct procedure is an invitation to lose my Notary License. If we don’t require a signer to personally appear for the notarization, ignore the requirements for satisfactory evidence of identity, or agree to any improper Notary requests, we are breaking the law and opening the document to potential fraud. If a dishonest signer can commit fraud thanks to our negligence, we not only risk our License, but we could be held liable for any damages a victim suffers as a result.
The Recommended Response: If someone asks me to bend or break the rules or ignore proper procedure when notarizing, there’s only one answer: No. If the signer won’t accept that, I won’t proceed with the notarization. It’s better to have an unhappy signer than being sued for negligence or losing my License.
Inspired from an article by David Thun who is the Assistant Managing Editor at the National Notary Association.