Is There Really A Purpose Or Benefit To Having A Document Notarized?

You’ve probably had been asked to notarize your signature on a document at least once - but did you know why?

Main reason to having a notary public witness a signature is to prevent fraud and identity theft causing material damages, loss of personal property.

A notary public official is a third-party impartial witness to not only the signature of a document but also the fact that all parties who signed did so willingly and under their own power. 

On the other hand it is important to know that having a document notarized does not necessarily mean the parties signing it understand what it says. Most state notary laws don’t make it the notary’s responsibility to know whether parties are competent but, according to many authors it is the notary’s responsibility that people involved in a transaction know what’s going on.You’ll be posting loads of engaging content, so be sure to keep your blog organized with Categories that also allow visitors to explore more of what interests them.

Why Notarization Is Important? Main reason to have certain documents notarized is that having a document notarized is a deterrent to fraud. Notarization  adds a layer of verification that “the people who signed the document are the people they say they are". In almost most of states notarization is mandatory for certain agreements, such as:

• deeds,

• mortgages,

• easements,

• powers of attorney

• living wills.

Having certain documents notarized also is important when disputes are litigated - affidavits, which are sworn statements, will not be considered by a court unless they are notarized.  Notarized documents also are considered self-authenticating, which means the signers do not need to testify in court to verify the authenticity of their signatures.

In order for a notary public to notarize a document, the person whose signature is being notarized must sign the document in the notary’s presence. The person can’t sign the document ahead of time and then bring it to the notary. In some states, the notary must specify how he or she identified the signers to the document (e.g., the signer presented a photo ID, the notary already knew the signers).

Each state determines if a notary must administer an oath to document signers. While there is no prescribed language, the oath generally includes language requiring the signer to swear or affirm that statements contained in the agreement are true. Often, there is a fee to have a document notarized. The maximum amount a notary public may charge for services is regulated by state law.