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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.
What else can I help you with?
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.
Who can witness a notary public transaction?
A witness to a notary public transaction is typically anyone who is not a party to the transaction and is of legal age and sound mind. The witness should be present to observe the signing of the document and be willing to attest to the fact that they witnessed the signing.
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.
What does at mean in a legal document by the notary section?
In a legal document, the notary section typically includes the phrase "at" followed by a location, indicating where the notarization took place. This specifies the jurisdiction, confirming that the notary has the authority to act within that geographic area. The notary section also includes the notary's signature, seal, and the date of notarization, which authenticate the document and affirm that the signers were properly identified and acknowledged their signatures.
What is certificate of notary?
A certificate of notary is an official document that confirms the authenticity of a signature or the validity of a document, as verified by a notary public. The notary public, a licensed official, witnesses the signing of documents and ensures that the signers are who they claim to be and are signing voluntarily. This certificate typically includes details such as the date, the notary's seal, and the notary's signature, providing legal assurance that the document is properly executed. It is commonly used in legal, financial, and real estate transactions.
Can a regular notary notarize a legal document in NC?
Yes, a regular notary public in North Carolina can notarize legal documents, provided they are authorized to perform notarial acts. The notary must ensure that the signer is present, verifies their identity, and confirms their willingness to sign the document. However, the notary cannot provide legal advice or draft legal documents unless they are also a licensed attorney.
Does a notary stamp requires a signature?
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.
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.
