Anyone can be a witness as long as they prove their identity to the notary and see the document being signed. A good notary keeps a journal of all the names and addresses presented for notarized identification. It is not uncommon for documents requiring witnesses to have random witesses. As a traveling notary, I sometimes brought witnesses with me, just my properly identified friends, to witness document signings.
Ask the notary that witnessed the document. In most states, they are registered with the county, or the state. If you think someone used a fake notary stamp to forge a document, check with the police, courts, or the legal person that has an interest in the document that was filed.
Absolutely not, that is why if you have already signed a document and you take it to be notorized that the notary ask you to re-sign the document. It clearly states in the legal verbiage, I blank blank certify that I, so and so witnessed the signature or signing of this document. Most importantly, you must find out if the document even had to be notorized. It may have been notorized but it may not even be a legal doc that requires a notary stamp or signature.
It depends on the document and what you mean by legal. Generally, a deed must be notarized in order to be recorded in the land records. There are uncountable other documents that have other requirements that may or may not require an acknowledgment by a notary. If you need the document as evidence in court the judge will want to question the witness. You need to be more specific.
A notary witnesses signatures and validates on a document that the people who signed it are the people they say they are. It has no other legal function.
A notary witnesses and verifies (with legal identification required by the actually person who needs a notary verification or jurad) that the person signing a document that requires a notary is actually the legal person signing the document.
The job of the notary is to verify that the person signing a document is who they say they are. Some documents require that the notary see the actual signing and some merely require the notary to verify ID. The legal ramifications of an improper or invalid notarization are that the document can be challenged more easily in court, may be completely invalid without a proper notarization, the notary could be sued/fined/charged for improperly notarizing a document, the transaction may be declared void, and other bad things.
If the Notary's appointment was valid at the the time they witnessed the signature, it remains valid even after the Notary's commission expires.HOWEVER, if the Notary's commission was expired at the time they "witnessed" it, it is not a valid notarization.Another PerspectiveAn expired notary may affect the legality of the document. A legal document with an expired notary can be challenged. In some cases, the expired date is a typographical error and an affidavit can be executed by the notary stating the correct expiration date and that their license was in effect at the time of the signing. If possible, you should contact the notary to notarize the document again with a valid expiration date or, if that's not possible, have the document executed again with a valid notary seal.If the document cannot be corrected and its validity is challenged then it is up to a court to determine whether the expired notary seal will invalidate the document. State laws vary. In some states statutory provisions will "cure" a recorded instrument with an expired notary after a certain time period has passed.
You have no rights against a notary. A notary simply certifies that the people who signed the document where the people they said they were and/or that they made the statement or document they are signing. The person you need to talk with is the person who created the document in the first place that is dis-inheriting him. The drafter of the document is who you want.
Notaries cannot notarize documents in which they have a stake. If the notary is one of the parties listed on a legal document or incurs a gain as a result of execution of the document, the notary cannot notarize it.
If the document requires an acknowledgment in order for it to be legal then the answer is no. A notary who acknowledges a document that was not signed in her/his presence is in violation of the law and should be reported to the state attorney general or to the court of jurisdiction.
Yes, in fact if the power of attorney form was not witnessed by a public notary is it not considered legal.
No. Any legal document should not be witnessed or notarized by an individual who will benefit from the document. An attorney-in-fact benefits from a POA because it gives the attorney-in-fact complete authority over the property of the principal.
A notary does not sign to acknowledge a document. A notary is a witness of the person who signed the document. He signs to say that the person who's signature appears on the document is, in fact, the person who signed it. (This is why a notary will ask to see your drivers license or other photo ID - to prove that you are who you say you are.) A notary would back date a document because the person signing the document already signed and dated it before it was handed to the notary. In this case, the notary would not have seen the person sign the document, so it is illegal for the notary to both sign and back date.
As long as the Notary is acting WITHIN their state of responsibility (in this case the document was being signed IN Virginia) it is legal and proper.
Go to a notary public. * Take the document(s) and required identification to a licensed Notary Public. All persons executing the document must be present at the time of legal attestation.
The notary stamp has no affect on the validity of the document. A notary is typically appointed for a period of a few years. No one has to go and get all their documents 're-notarized' to keep them valid.
No. By having the document notarized, makes it legal and official.
Only if that specific document requires that it be notarized There are many documents that only ask for a witness which can be anyone of legal age with proper identification.
Yes and no. The notary does not need to read every word of the document, and can not advise you as to the legality of the document. However, the notary does have to scan over the document for several purposes: (1) to ensure that there are no blank spaces; (2) to determine which type of notarial act is necessary; (3) to record the document description in his or her journal; (4) to ensure that the document does not require the notary to perform an act he is not authorized to do; (5) to determine that the underlying transaction does not appear to be fraudulent on its face. A notary need not be a lawyer and is not expected to know the detailed contents of a document. A notary does not need to know what a document says, what a document does, or whether the document is legal. A notary cannot tell you what kind of notarization your document requires. The document is presented to the notary, the notary crosses out any blank or incomplete areas, verifies the identities of the signers/signatures, and then performs a notarial act - either an acknowledgment or an oath - and that's it. If the document appears to be blatantly fraudulent or the notary suspects fraud or duress, the notary can refuse the notarizaton. The purpose of a notary is to verify that the person executing the document is signing it voluntarily, or that he/she took an oath that the contents of the document are true and correct. Notarization also verifies the identity of a person who appears before the notary, or that a copy of a document is true to the original. The purpose of having a document notarized is either (1) to assure that the people signing said document did so willingly or swore that the document is correct, and that they are who they say they are or (2) to assure people that a copy of a document is a true copy of the original. An affidavit, a type of notarized statement, is similar to speaking in court. Upon signing an affidavit, the signer swears by oath or affirmation that the words in the document are his/her words. The notary verifies that the person is who they claim to be and must witness the signature hitting the paper.
You COULD write up such a document and have the signatures witnessed by a Notary Public at a bank or elsewhere, and receive a raised seal. HOWEVER, it would be LEGAL only in the sense that the signatories were properly witnessed. Assigning a guardian to a child, or adopting a child, would have to go through the legal system. They may or may not take the document into account, but it wouldn't be a bad idea to have one on hand to help show intent. Hope This Answers Your Question!!
Yes, the Notary is only required to verify that the person signing the document actually is the person whose signature appears on it. Whether or not the minor is legally capable of signing the document calls for a legal conclusion and is NOT a part of the Notary's job.
Only if your brother in law is a legal notary. The notary must be legal to make the documents legal. The notary needs to be licensed.It is poor practice to notarize your own documents or the documents of family members. In some States it is expressly forbidden.Check with your Secretary of State in the State in which you live in to verify.
It depends on the situation and the type of document. Such a document may be used as evidence in court. However, it may not be accepted for recording in the land records.
On any legal document, you should sign the same name that is printed below the signature line.
A "Notary Public" or a "Public Notary" is a legal professional (e.g. a Lawyer) who can put their signature on a document and say it is what it says it is. For example, you may need a Notary Public to sign a photocopy of your passport to show that it is a genuine photocopy of your actual passport.