Can Notarized Documents Be Rejected? YES!
Documents require notarization for all kinds of reasons. Some of the paperwork, like affidavits, are part of court procedures, some are part of legally binding contracts in business transactions, and others serve as recording instruments in land record systems. Real estate documents need a notary and are kept in the public record after notarization.
Unfortunately, if a recording instrument, like a deed, mortgage, deed of trust, easement, or deed restriction, isn’t properly drafted and executed, the recording jurisdiction is likely to reject the document. Title agents, real estate attorneys, lenders, and other real estate professionals want to work with meticulous notary signing agents. Here are some reasons for rejection and how notaries play an essential role in preventing these problems.
The following tips will help reduce the chances of your notarized document being rejected.
Incomplete Notarial Certificate: When performing notarizations, part of the notary job is to complete the notarial certificate. The notarial certificate is the wording, usually at the end of a document, which identifies what type of notarial act performed and states whose signature was witnessed and in what capacity the signer signed the document. Leaving some blanks incomplete in the notarial certificate or inserting the notary’s name instead of the signer’s name on some of the blanks can result in the rejection of the document.
Incorrect Venue/ Signer’s Name: The notarial certificate consists of a venue (State of___; County of___) describing the location where the notarial act took place. Pay attention to preprinted venues and the signer’s name on the notarial certificate. Notaries can make a correction by crossing out wrong information with a single line, printing or typing the correct language, and initialing the change. Notary will also record all alterations in their journal. Only notary may make corrections to the notary certificate. No corrections may be made after notarization is complete.
Illegible/ Expired Notary Seal: Stamp impressions that are too dark, too light, incomplete, smudged, or in any way unreadable may cause an otherwise acceptable document to be rejected for its intended use. If notary affixes the stamp impression and then realizes that the wording is illegible, notary should place one line through the unclear impression, initial it, and then re-stamp the document.
Stamping Over Text: Notary should never place notary seal over any wording or signatures on the document or notarial certificate. Notary’s signature and notary seal should always be in close proximity to each other. The two elements taken together indicate notary’s authority, that notary has identified the signers, and that notary has executed the document properly according to notary law and the established standards of sound notary practices. If the area for the notary seal is too small, notary may have to attach a loose notarial certificate.
Using correction fluid: A notary should never ”erase” or blacken-out incorrect information on a notarial certificate. Changes made to notarial certificates using correction products are not likely to be accepted in a court of law. The recommended correction method is to draw a single line through the incorrect information and enter the correction right above it. Notary should place his/hers initials by the correction to indicate that notary made the correction. This method is simple, clear, and unlikely to be challenged.
