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Learn About

Notarization . . .

Interested in learning about the role of a notary and the notarization process overall? Read below. To read Michigan’s notary law, please go here.

Frequently Aske​d Questions

Below are some of the more commonly asked questions. Please feel free to ask me any other questions pertaining to the role of a notary since an informed client, is the best client!

What is the Role of a ​Notary?

According to Notary.net, a notary is a state commissioned individual whose primary duty is to screen the identities of signers.  Notarizations do not make something "legal" or confirms that a document's contents are accurate.  


There are two types of notarizations. An acknowledgement and a jurat. In an acknowledgment, a notary confirms a signer’s willingness to sign without duress or intimidation and their awareness of the contents of the document or transaction. In a jurat, the notary puts the signer under an oath, declaring under penalty of perjury that the information contained in a document is true and correct.  If a notary deems that someone is signing under duress, the notarization can be halted.


Impartiality is the foundation of a notary public. Notaries are duty-bound not to act in situations where they have a personal interest.  Therefore, a notary cannot notarize for certain family members and for themselves.  Further, impartiality dictates that a notary never refuses to serve a person due to race, nationality, religion, politics, or sexual orientation.

What is a Notary Signing Agent (NSA)?

Firstly, you must become a commissioned notary in your respective state.  Once you are commissioned, you can train to become a notary signing agent or NSA.  Their are several companies that provide NSA training such as the National Notary Association (NNA), the NSA Notary Blueprint, and the Loan Signing System*. Basically, an NSA is a specialized notary! The main difference between a mobile notary and an NSA is the focus of their work. While notaries notarize a variety of documents, NSAs only handle loan documents. 


Also, NSAs must pass a background check and an exam every year. Some states regulate real property documents and may require additional professional licenses.  Third-party companies, lenders, and title companies hire NSAs as independent contractors to assist borrowers during a loan closing.  Ultimately, NSAs determine their price to render services.


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What Are the Notariz​ation Types?*

Jurats

  • Your identity will be confirmed.
  • Required for transactions where the signer must swear to the content of the document.
  • Must be signed in my presence and an oath must be sworn to under penalty of perjury.
  • I will ask if you reviewed the document and are signing freely and willingly.

Acknowledgem​ents

  • Your identity will be confirmed.
  • The signer may be signing personally, on behalf of another person as their attorney-in-fact, on behalf of a corporation (or other organization) as their representative, or as some combination of one or more of those.
  • The wording of the acknowledgment (notary certificate) must accurately convey the facts of the circumstances under which the document was signed.
  • I will ask if you reviewed the document and are signing freely and willingly.
  • Documents requiring acknowledgment can be signed earlier than or at the time of notarization.
  • If already signed, the signature must clearly be original. If there is any doubt as to whether the signature is original, the notary will ask the client to re-sign the document. A notation will be made in my notary journal - "duplicate signature at the notary’s request."

*By law, I am prohibited from advising what type of notarization is required. If in doubt, contact the document issuer.

What Are Michigan Notaries ​Prohibited From Doing?

  • Certifying or notarizing that a record is either of the following: (a) an original or (b) a true copy of another record.

What To Expect at the Notarization Appointment?

*I will identify you.  You must present acceptable and unexpired identification. Some acceptable forms of government issued identification are (if in doubt, ask before appointment):

  • Driver’s license
  • State ID
  • Passport
  • Military ID

* I will scan the document for blank lines.  I will not review the document for its contents.  Instead, I will be reviewing it to ensure that there are no blank lines.  If there are, I will ask that you either put a "dash" in the line or write "N/A."  This is to protect you against someone later adding information that you did not intend to sign to.  Therefore, please review your document for blank lines prior to the appointment.

  

* I will administer an oath, if applicable. 


* I will notarize the document(s). Please note that Michigan law does not require that notaries use a stamp or an embossed seal as long as the statutory language is included on the document. However, I will stamp your document and use my embosser. For out-of-state documents, you need to know the requirements of that state. I will not be held responsible/liable for notarizations that are not in compliance with any out-of-state laws.


* I will record the notarization in my journal.   This process includes your completing some contact information. 



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