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The average consumer has little reason to think of error and omissions insurance. However, for many professions, error and omissions insurance is a requirement. For the notary public, it is essential. Consider the reasons a notary public needs this type insurance.

Each state in the U.S. commissions notaries as officers of the state. As such, a notary has to be thorough and have a keen eye for detail. Some believe that notarizing a document is a trivial affair, but the truth is that notarization is a legal act. That act can have serious consequences if the notary makes an error.

The consequences affect not only the notary but the consumer who requested the notarization and possibly unknown parties as well. Consider the following example. A consumer refinances his home and receives the closing paperwork via courier. The consumer then locates a notary public to notarize the new mortgage documents. If the notary unintentionally omits a legally-required step, such as signing the notary certificate, the lender or the county may reject the mortgage.

If this happens and the consumer has an interest rate lock, the lock may expire causing the consumer to pay a higher interest rate over the life of the mortgage loan. Another possibility is that the lender will require a redraw the mortgage paperwork and charge the borrower an additional fee. The notary is responsible for the mistake, and in extreme cases, the notary may face a lawsuit resulting in a legal judgment that includes hefty fines and repayment of damages.

In these situations, error and omissions insurance can benefit the notary. It covers attorney’s fees and any judgments—up to the policy limit. The determining factor is intent. The error or omission must have been unintentional and not fraudulent. No error and omissions policy covers fraud.

Most car owners would not consider driving without car insurance. Likewise, a notary public should not consider notarizing a document without error and omissions insurance.

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Q: Error and Omissions Insurance and the Notary Public?
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