Frequently Asked Questions

Q: What Is A Mobile Notary Public?

 

A: A notary public as an “officer of the state,” an agent for the state, and a witness of notarial writing and signatures. A Notary Public is a honest, moral and responsible member of our society. They are commissioned 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 an oath and to serve the public and help prevent fraudulent acts. A Notary commission does not grant the authority to practice law.

  

Mobile Notary Public perform the same duties that regular “store-front” notaries do, except they do so at a time and place that caters to their clients’ need. A Mobile Notary Public travels to your location and will meet you at a location that is convenient for you. It could be your home, office or other mutually agreed upon location.

 

Q: Why Are Documents Notarized?

 

A: Notarization is intended to deter fraud. The impartial witness (Notary Public) ensures that the signer of a document is who they say they are and that the person signed the document willingly. By doing so, the Notary deters deception and fraud, increases confidence, and enables trust.

 

Q: Does Notarization Mean That The Information On A Document Is True Or Legal?

  

A: No. Notarization does not prove that information or statements on a document are true, accurate or legal. The signer is responsible for the content of the documents. The Notary Public certifies only the identity of the signer.  

 

Q: What Can Be Notarized?

 

A: The following documents can be notarized:

 

·         Loan Documents

·         Real Estate Documents

·         Lines of Credit

·        Powers of Attorney

·         Legal Papers (before they are recorded with the Court)

·         Wills & Trusts

·         Depositions

·         Oaths,  Affirmations, Jurats and Acknowledgements

·         Medical Documents

·         Attesting to Photocopies

·         Certifying the Contents of Safe-Deposit Boxes

·         Verifying A Vehicle Identification Number (VIN)

           Performing Weddings in Florida (go to: www.marryyoufl.com)

 

Q: What CANNOT Be Notarized?

 

A: The following documents CANNOT be notarized:

 

        Any State Official Documents – Birth Certificates, Death Certificates,  etc.

 

·        Immigration Documents

·        Incomplete Documents

         Postdated  Documents

·        Photographs

        Faxed or Copied Signatures

        Form I-9

 

Q: Can A Fax Or A Photocopy Be Notarized

 

A: Yes. A photocopy or fax may be notarized, but only if it bears an original signature. That is, the copy must have been signed with pen and ink. A photocopied or faxed signature may never be notarized. Care should be taken to copy faxes from thermal paper to regular paper before proceeding in having a document notarized in order to avoid rejection by public recorders.

 

Q: Can A Notary Make Certified Copies?

  

A: In the State of Florida, a notary is authorized to make a photocopy of certain original documents and certify, or attest, that the copy is a true copy.  The following criteria must be met:

• Notaries must not make copies of any document that is a public record or a publicly recordable document.
• The document to be copied must be an original.
• The Notary must make or supervise the making of the copy from the original
• The Notary must complete a certificate attesting to the trueness of the copy, on the front or back of the copy or on a separate form that is securely attached to the copy, with details linking it to the copy.

Q: What Documents May Not Be Copied?

• Marriage Certificates
• Divorces Decrees
• Birth Certificates
• Death Certificates
• Deeds
• Mortgages
• Immigration Documents
• Official Documents filed with a Court Clerk

**This list is not all the items that cannot be attested to by a Notary.** 

 

Public Documents, Vital Records, Public Records or Publicly Recordable Documents May Not Be Attested To By A Notary.  

 

Q: Does A Document Have To Be Signed In The Notary’s Presence?

 

A: Yes.  The form most frequently completed by the Notary Public is the acknowledgment. The signer must appear before the Notary at the time of notarization to acknowledge that he or she freely signed for the purposes stated in the document and verbally state that the signature is his or hers.  The second type of document completed by a Notary Public is the jurat. The Notary must execute a formal notarial certificate for any document requiring an oath or affirmation. A jurat must be signed in the Notary’s presence.

 

Q: Is Identification Required For Notarization?

 

A: Yes. Each signer must either present a current photo ID; or Florida allows a credible witness to be used to identify a signer who has no identification and no way to obtain it. The witness must personally know the signer named in the document. Two witnesses with appropriate identification are required if they are not personally known to the Notary. If witness is personally known to both signer and notary then only one witness is required.  The witness(s) must also swear or affirm before the Notary that the signer named in the document has no identification and is unable to obtain any, and that the witness is not a party to and has no interest in the transaction.

 

Q: Which Forms Of Identification Are Acceptable?

 

A: Forms of acceptable paper identification include:

 

·         A driver’s license or State- issued identification card issued by a U.S. state or territory, Mexico or Canada; 

·         A United States passport; 

·         A passport issued by a foreign government, provided that it has been stamped by the U.S. Immigration and Naturalization Service or the U.S. Citizenship and Immigration Services;

·         A U.S. military identification card with the required photograph, description of the person, signature of the person, and an identifying number. (Some military identification cards do not contain all the required information.)

·         An inmate identification card issued on or after January 1, 1991 by the Florida Department of Corrections if the inmate is in custody;

·         An inmate identification card issued by the Florida Department of Justice, Bureau of Prisons if the inmate is in custody.

·         A sworn statement from a law enforcement officer that a confined inmate's ID has been confiscated and that the inmate is the person named in the document to be notarized;

·         A "Green" card issued by the Immigration and Naturalization Service (INS) to resident aliens.  Only the new form hard plastic cards are acceptable. Old Form I-151 green cards are no longer acceptable as identification for notarization purposes.

 

The ID provided MUST be current or have been issued within the last five years and bearing a serial or identifying number, as well as a physical description including height, weight, eye and hair color, signature and photograph of the individual.

 

If no such ID is available and cannot be reasonably obtained, the signer may rely on the oath of a single credible witness if the witness is personally known to both signer and notary or two credible witnesses if only personally known to the witness and not the Notary. In both instances, the credible witness(es) must be present and have a valid ID.

 

Q: Which Forms Of Identification Are NOT Acceptable?

 

A: Unacceptable forms of Identification include: 

 

·      Grocery Card

·      Social Security Card

·      Credit Card

·      Corporate ID Card

·      Bank Debit Card

·      Birth Certificate

 

Q: What If The Signer Is Visually Impaired, Hearing/Speech Impaired, Illiterate or Physically Impaired ?

 

A: Notaries must adhere to laws and proper procedures and take reasonable care to prevent fraud and perform as a professional. Personal appearance is always required.

 

• Visually Impaired: The most important rule in the State of Florida is the the Notary must read the document presented in its entirety to the signer to ensure that the signer has a clear understanding of the contents of the document. The Notary may NOT explain the document. The Notary is NOT an attorney. However, the Notary may re-read passages for clarification only.
• Hearing/Speech Impaired:  A hearing/speech impaired signer is perfectly able to execute a document. Gestures and handwritten notes can be used to further and determine understanding between the Notary and the signer.  The verbal ceremony can be written out by the Notary and the signer can reply in writing as well.  All written communications will be attached to the document being executed and noted on the notarial certificate as well as the notarial journal.
• Illiterate Signer: This signer is treated the same as the signer who is unable to read due to a physical disability.  The Notary will read the document in its entirety; determine understanding and willingness to sign. The notarization process is the same except is the signer is unable to write his/her name but is able to make a personal mark, such as an "X", such a signature is entirely acceptable.  Two disinterested witnesses are required.  
• Physically Impaired Signer/Unable to Sign:  A Notary may sign for a signer who is physically impaired and unable to sign their signature, if directed to do so by the signer.   All the standard rules of notarization still apply.  The signer MUST be present. Notary must determine the signer understands the transaction and is willing to sign the document. An oath or affirmation will be administrated, if required. The document will be read in its entirety if the signer is blind or visually impaired. Two disinterested witnesses who are not a party to the transaction are required and they must be present at the time of the notarial signing.  All details will be documented on the notarial certificate and journal. 

Q:  What If The Signer Has Language Difficulties?

 

A:  Notary must determine as best they can that the document is complete, with no blank spaces or alterations. You must be able to communicate with the signer or have a reliable translator present who is NOT a party to the transaction.  The notarial certificate MUST be in English. A translator must be present to translate the verbal ceremony of administrating an oath or taking an acknowledgment.  If the signer is unable to communicate the type of notarization requested, or to understand the nature and intent of the document or action taking place, the Notary will refuse to notarize the document. If the document is written in English and the signer does not understand, the document can and must be translated by a reliable translator who is not a party to the document. The translator will be placed under oath using the Affidavit of Translator swearing to the accuracy of the translation. This document will be attached to the executed document. The translator and the Notary CANNOT be the same person.  If the Notary acts as the translator, than another Notary must be used to complete the notarization.

 

Q:  Can A Minor's Signature Be Notarized?

 

A:  Yes, but the key challenges are determining whether the child understands the content and intent of the document to be signed and understands what taking an oath or acknowledgement is; and the proper identification of the child.  If the child is too young to understand the intent and content of the document or cannot be properly identified, the Notary will refuse to notarize. If a credible witness is to be used, that witness must be unrelated to the child and must be an impartial witness that is not personally involved in the action taking place. 

 

Q:  Can Signer Use Of Power of Attorney Document To Sign For Another Person?

 

A.  If a signer appears before the Notary to sign for another, the signer would need to possess the "power of attorney" to sign for that person.  The person who issues the power of attorney is called the principal.  The person who is granted the power to sign for another, the power of attorney, is called the attorney-in-fact.  The Power of Attorney document must be produced before the notarization process can begin.

 

Q:  Can Signatures Be Electronically Notarized?

 

 

A.  Yes.  Electronic notarizations are authorized in the state of Florida, due to the passage of the Florida Uniform Electronic Transaction Act, UETA.  Electronic notarizations must follow the same general guidelines as paper transactions. The signer must personally appear before the Notary; the signer must be properly identified, the Notary must ensure the signer understands the content of the transaction, and there are no black spaces. Electronic signatures must be witnessed. While the document cannot be stamped, all the critical elements of the Notary's stamp will be entered electronically.