Q. What is a Notary Public ?
A. The court defines a notary public as a “public ministerial officer”, an agent for the state, and a witness of notarial writing and signatures. A Notary Public is an honest, moral and responsible member of our society. They are appointed by the office of the Secretary of State to witness by an official seal and written acknowledgement, or jurat, the signing of documents as well as administer oath. Notaries are most commonly called upon to act as the official, unbiased witness to the identity and signature of the person who comes before the Notary for a specific purpose.
Q. What is a Loan signing Agent
A. A Loan Signing Agent is a commissioned Notary who has completed training in real estate and loan documents and passed an examination (in addition to the State administered examination. A Notary Public who has earned the designation "Certified Loan Signing Agent" must submit to and pass a "Signing Agent" examination. In addition to notarial laws, they must have knowledge of the lending process, regulatory compliance, and the processing of loan documents. A Loan Signing Agent is hired as an independent contractor by a lender, title company, or closing agent to ensure real estate loan documents are properly executed, notarized, and returned for processing. People buying or refinancing homes can enjoy the benefits of Loan Signing Agents coming to them, at their convenience, to facilitate the loan signing process.
Q. Why are documents notarized ?
A. To deter fraud. An impartial witness ( the notary ) ensures that the signer of documents are who they say they are and not impostors. The notary make sure that signers have entered into agreements knowingly and willingly.
Q. Why use a Signing Agent?
A. Why must your clients take a day off work to come to your office, a loan officers office, a title company, or a bank to sign a set of loan papers? Using a Signing Agent (a Mobile Notary Public who specializes in loan executions to meet with your clients at their convenience will make the transaction much smoother. Call on a Signing Agent who will travel to your clients home, office, or any other location, at the time of your choice or your clients choice to sign their loan papers.
Q. May any document be notarized?
A. For a document to be notarized, it must contain:
Text committing the signer in some way
An original signature (not a photocopy) of the document signer
A notarial "certificate" which may appear on the document itself or on an attachment.
The Notary fills in the certificate, signs it, then applies his or her seal to complete the notarization.
Q. How does a Notary identify a signer?
A. Generally, the Notary will ask to see a current identification document that has a photograph, physical description and a signature. A driver's license, military or passport will usually be acceptable. Each signer must either present current photo ID such as drivers license, State ID, or passport issued within the last 5 years; or have two other persons present who will swear to the signer's identity, each of whom has a good current photo ID
Q. What Identification is Required For Notarizations?
A. Each signer must either present a valid and current photo ID such as:
Current California ID (issued within the last 5 years)
US Military identification card (issued within the last 5 years)
Current Passport. (Non-US passports must have been stamped by the INS)
If none of the above Identification is available, two additional persons who do have one of the above documents may be present who will swear to the signer's identity.
Q. Does notarization mean that a document is "true" or "legal" ?
A. No. Notaries are not responsible for the accuracy or legality of documents they notarize. Notaries certify the identity of signers. The signers are responsible for the content of the documents.
Q. Can a Notary Public prepare or review legal documents?
A. A Notary is a sworn public servant who follows strict guidelines in identifying a person. They serve as an impartial witness in taking acknowledgments, administering oaths, affirmations and performing other acts authorized by California law. Unless a Notary Public is a licensed attorney, they may not give legal advice, draft legal documents nor accept fees for legal advice. A Notary may not even advise a client what type of notarization a document requires. The notarial wording must be provided by the creator of the document. (Business & Professions Code §6125). |