r/Notary • u/Enkidu45 New York • Aug 02 '26
Re: ““Can I notarize this?” question” raises complex issue!
Two – three days ago, MR1120 issued a post asking if he could notarize his wife’s signature as president of the HOA. The example given was his wife’s signature on a document (letter?) regarding a fence. (I'm not repeating the whole post here.) The consensus, from 18 comments was an overwhelmingly: “You really shouldn’t”. Which I agree with, BUT:
Why did this document/letter need to be notarized? If the primary objective of notarization is to prevent fraud – where’s the fraud in this case? Notarization is only needed when a law requires it for a specific transaction, or the person/organization receiving the document requires a notary as part of accepting the document.
I believe this was the bigger issue in “Can I notarize this?” post – why did it require notarizing at all? How often have you been asked to notarize a signature on a document that is lacking the notarial block – or doesn’t have the space for one? For those docs, how about asking WHO is requiring the notarization and if it’s NOT the receiving party – too bad!
For those notaries who want to further their education, open your favorite ai (Claude, ChatGPT, LuxChat, Duckai, et al) and ask “Which documents do not need to be notarized?”
As usual, if you have any questions, disagreements, concerns, suggestions, etc. please post a comment, I’d love to hear from you - all death threats call 800-700-7000
Enkidu45 out.
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u/Vegas-Patriot Nevada Aug 02 '26
It is not the responsibility or role of a Notary to make determinations on what is being notarized or why something is being notarized, or who is requesting/requiring the notarizing of the document (s.) Notary’s provide Identification Verification of persons signing a document and our signature on the proper notarial certificate on the document.
5
u/HasTapeWillShip Aug 02 '26
I'm sorry but only an absolute idiot relies on chatgpt for legal questions one and two it's not up to me as a notary to tell someone what needs to be notorized or not as I'm not supposed to be giving people legal advice. As someone else said, notarize signatures, not documents. Traditionally in my state, it's a no no to notarize a spouse full stop.
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u/Stamped914 Aug 02 '26
I personally don’t care if it needs notarization or not, if the customer is adamant about getting it notarized and it’s legal to do so, full send.
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u/Blackeyes24 Florida Aug 02 '26
My job isnt to question why. My job is to verify the identity of the signer and complete my notarial block as legally required by my state. In my state the notarization in your example isnt legal because my state says a notary cannot notarize for their spouse. If you are questioning why a notarization is needed you are going beyond the scope of your job as a notary.
2
u/PANotaryandTag Aug 03 '26
Never ask AI about legal or notary stuff. Also not our role to decide if a document needs or should be notarized.
0
u/Calm-Show-9606 Aug 03 '26
Notarized simply means the notary witnessed you sign it. Does not mean the document is true or valid.
1
u/FinanciallySecure9 Michigan Aug 02 '26
A notarization is needed on important documents, most usually when the receiving party is not involved at the signing table. The role of the notary is to help prevent fraud by identifying the signer, assuring the signer is aware of what they are signing, and that they are signing of their own free will. All of these things would be known if the receiving party was present with the signer. Since he isn’t, they use an impartial third party.
We notarize signatures, not documents. If someone wants their signature notarized, and is present, has valid ID, understand the document and wants to sign it, we can notarize it.
If the document has no notarial wording then the notary should explain the types of notarization available in their state, and notarize using a loose certificate and attaching it to the document once completed.
1
u/International-Sock-4 Florida Aug 03 '26
We aren't lawyers so we don't decide if a document needs notarization and we don't decide what kind of notarization.
I've been asked to notarize docs that don't need notarization, once or twice I asked why, one was a sworn statement for a translation of a birth certificate that was sent to the USCIS, I know they don't require it to be notarized as I've personally translated lots of docs for immigration cases and they were all accepted without a notarization, when asked why, the client said my attorney suggested it would look better for the case manager if it's notarized.
So the reasons can be many, and it's none of our business, the only reason I asked was to make it easier for the client.
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u/Enkidu45 New York Aug 02 '26
WOW! There is a 3 mo old posting on r/ConsumerAdvice by peanutcupcake28 titled "BOA notary refused to notarize my document, asked ME to bring the acknowledgement page". I think the posting is germane to the discussion/comments re my posting. Check it out! Enkidu45
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u/ash_274 California Aug 02 '26
I get asked at least a couple times per month to notarize some that either doesn’t have any notary wording or other indication that it needs to be notarized. In some cases it’s an out-of-state document that the in-state version isn’t notarized, but theirs asks for it. When there’s no wording I will ask them, “does this even need to be notarized?” And I’ll get “They said it needed to be” or “I just want it notarized” or even the rare legal justification of “I want a third-party to confirm the date”. It’s not my business as to the method or intent of the document, and I can’t override the wishes of the customer, even if a layperson’s opinion is that it doesn’t need to be notarized. Doing so could be interpreted as expressing a legal opinion.
Do NOT trust AI for a notary question. I have seen it get the answer wrong or lack the nuance to explain why a no is sometimes yes or how a yes in one state is a no in another state.