What Is Notarization?

What Is Notarization?

Notarization helps avoid fraud and identity theft by having a third party, known as a notary public, verify a document's authenticity and the identity of the person signing it. Notarization consists of three parts:

1. Verifying the signer's identity: You must bring a photo ID when having a document notarized. The notary public uses your identification to validate your identity, confirms you're acting voluntarily without being coerced, and verifies that you understand what you're signing and the consequences of doing so.
2. Entering the transaction in the notary journal: It's considered a best practice—and in some places, it's a legal requirement—to record all of the notary's transactions in a journal. In some states, the person getting a document notarized must sign the notary's journal.
3. Completing a notarial certificate: After the document is signed, the notary public places their seal and signature on it, showing they have verified the information.

Different types of documents may require different types of notarization. The three main types of notarization are:

1. Acknowledgment: The notary verifies that the document signer is who they say they are and that they signed the document willingly. An acknowledgment doesn't require the notary to witness the document's signing. The signer can bring the signed document to the notary and attest that they signed it voluntarily. Acknowledgments are common among loan and real estate documents.
2. Jurat: The document signer must swear, under oath, that the information provided is true and sign the document in front of the notary. Affidavits and other documents required for legal proceedings fall into this category, and if you lie while under oath, you can be charged with perjury.
3. Certified copies: In states where copy certifications are permitted, the notary verifies that a copy of a document matches the original. Copy certifications are usually performed for documents that can't be reproduced by an office of public records.

What Is the Difference Between Signing and Notarizing a Document?

You can sign a document without having it notarized; it happens all the time. Business contracts, nondisclosure agreements (NDAs), leases and various other documents that require a signature don't necessarily need to be notarized. When you sign a document without having it notarized, it doesn't go through the process of having a notary verify its authenticity or the identity of the person signing it.

What Documents Need to Be Notarized?

Not all documents need to be notarized to be valid. Those that do generally include:

• Mortgage documents: Unless you can make an all-cash offer, you'll need a mortgage to buy a new home, and when you go to settlement, you'll have to sign a pile of documents to close on your loan and transfer the property to your name. Many of these documents require notarization.
• Deeds: A deed is a document that shows who owns a property. Signatures on a deed almost always need to be notarized.
• Powers of attorney (POA): A POA gives someone else permission to act on your behalf if you're unable to and often requires notarization. For example, you may grant your spouse or adult child power of attorney to make medical and financial decisions for you if you become ill or are in a serious accident.
• Trusts: These documents explain how you want your assets distributed after your death and may need to be notarized.
• Affidavits: An affidavit is a written statement used during legal proceedings. The person signing the affidavit swears, often before a notary, that the information it contains is true.
• Prenuptial agreement: Commonly known as a prenup, couples may sign this type of agreement before they get married to determine how assets and debts will be distributed if they get divorced or one spouse dies.

Where Can You Get a Document Notarized?

In some cases, such as when you go to settlement on the sale of a property, a notary is included in the process, making it easy to get documents notarized.

But there may be times when you need to have a document notarized on your own. Here are some common places you may be able to find a professional to notarize a document for you.

• Bank or credit union
• Post office
• UPS store
• Online
• AAA
• Law firms
• Real estate offices
• Tax preparers
• Auto tag and license service centers

Tip: It's best to call ahead to find out whether a notary is available and authorized to help, and whether you need an appointment or can just walk in to have your document notarized.

How to Get a Document Notarized

You can generally get a document notarized by completing several steps.

1. Choose the type of notarization you need. A notary public may explain the different kinds of notarization you can choose from, but they are legally not allowed to recommend the type that might be best for your situation. If you are unsure, it's best to consult an attorney or the agency requesting you get the notarization.
2. Complete the document. Fill out the document you want notarized in its entirety. It typically can't have any blank spaces because that increases the risk of fraud.
3. Find a notary. If a notary isn't already included in the process, find one to notarize your document.
4. Bring your photo ID. The notary will verify your identity; make sure the name on your ID and the document are the same. Often, notarization must be handled in person, but in some situations, you may be able to complete it remotely. Check the laws in your state.
5. Sign the document. Depending on the type of notarization you need, the notary may need to witness your signature. In others, signing before you meet with the notary may be acceptable. Check the requirements before you sign the document so you don't risk prematurely signing your document.
6. Make a payment. If payment for the notary isn't already included in the transaction, you'll need to pay the notary for their service. Cost varies by state and notarization type but generally ranges from about $5 to $25 per signature.
7. Get the notarial certificate. The process isn't complete until the notary completes the notarial certificate, adding their seal and signature.
8. Make a payment. If payment for the notary isn't already included in the transaction, you'll need to pay the notary for their service. Cost varies by state and notarization type but generally ranges from about $5 to $25 per signature.

The Bottom Line

Notarization provides an added layer of protection to various legal and financial transactions that may help prevent fraud and identity theft, but not all documents require notarization.

If you're preparing for a financial transaction that requires notarization, such as buying a new home, it's a good idea to review your credit reports and check your credit scores before applying for a mortgage. You can get your credit reports for free each week from AnnualCreditReport.com and check your credit report and FICO^® Score^Θ for free from Experian anytime.