0
Is it legal for a notary to have a document witnessed by people you do not know?
Wiki User
∙ 16y ago
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.
Wiki User
∙ 16y ago
Add your answer:
Earn +20 pts
How do you verify a document has been notarised or not meaning if it is a real notary or fake one?
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.
Is a notary legally binding in North Carolina?
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.
What if a non notary closed a loan without a notary present but notary witnessed customes but not actually signing what legal ramifications can occur?
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.
What are your rights when a notary has willingly notarized a legal document concerning your son's inheritance and excluding him from the heirs?
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.
Can a notary notarized a document the same day that his commission expire?
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.
Can an attorney notarize a power of attorney document as a notary if said attorney is to be the attorney in fact pursuant to that document?
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.
Is a power of attorney valid if the notary seal has expired?
If the notary's license was current at the time he notarized your document, your document is perfectly legal. If there is a question of legality, have the dates of the POA amended and resign and notarize.
Does a notary stamp requires a signature?
Yes, a notary stamp typically includes a notary's signature along with other identifying information such as the notary's commission expiration date and notary seal. The signature is an essential part of the notarization process to verify the authenticity of the document.
Does a notary have to know what is in the document he is notorizing?
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.
Can you draw up an agreement to adopt and have it stamped at the bank to make it legal?
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!!
Does a will need a seal or notary to be legal?
yes you do because it is a legal paperAnother View: No, it does not. Many (all?) states allow wills that are neither notarized OR witnessed to be considered in Probate Court.
If a Notary Public does not personally witness a signature is the document legal?
If a Notary Public does not personally witness a signature, it may not be considered legally notarized. Notaries are responsible for verifying the identity of signers and witnessing the signing of the document to prevent fraud.
