What is a Notary Public?  

A responsible person who is appointed by the state government to witness the signing of important documents and to administer oaths.

What is a Certified Loan Signing Agent?

A Notary with special expertise in notarizing loan document signings. 

A Notary is hired as an independent contractor by either a real estate lender, a closing agent (i.e., a title or escrow firm), or a signing service to ensure that loan documents are delivered to and signed by a borrower, then notarized as necessary and returned for processing in a timely manner.

Why are documents notarized?       

Documents are notarized to deter fraud. An impartial witness (the Notary) will ensure that the signers of documents are who they say they are and not impostors.

Also, the Notary will ensure that signers have entered into agreements knowingly and willingly.

May a Notary draft legal documents or give legal advice?

No. All states prohibit non-attorneys from practicing law. A Notary can be held liable for any damages resulting from an incorrectly chosen certificate or notarization.

Does notarization mean that a document is "true" or "legal"?        

No. Notaries are not responsible for the accuracy or legality of documents they notarize. Notaries certify the identity of signers. The signers are responsible for the content of the documents.      

Can a fax or a photocopy be notarized?

A photocopy or fax may be notarized, but only if it bears an original signature. That is, the copy or fax must have been signed with pen and ink.

A photocopied or faxed signature may never be notarized. Note that some public recorders will not accept notarized signatures on photocopied or faxed sheets because they will not adequately reproduce in microfilming.

Also, if the document has been faxed on glossy fax paper, a copy should be made on bond paper and that copy then signed and notarized, as wording on glossy fax paper often fades.

May a Notary refuse to serve people?

The Notary shall, as a government officer, public officer and public servant, serve all of the public in an honest, fair and unbiased manner.

Only if the Notary is uncertain of a signer's identity, willingness or general competence, or has a good reason to suspect fraud can a Notary refuse service.

Notaries should not refuse to serve anyone because of race, religion, nationality, lifestyle, or because the person is not a client or customer.

Discrimination on any basis is not a suitable policy for a public official.