Help! I lost my notarized document!

Sometimes we lose things. Even important things, like documents we've had notarized. This is a terrible feeling and you've probably wondered what you would do and one of the first things you'll ask yourself is, "Would the notary have a copy?"

Unfortunately, a notary does not keep copies of documents that have been notarized. In most cases, the only copy is the one you have, unless you've made copies. There's really no need for a notary to keep any copies of documents that have been completed, they are usually left at the table with the signers or, as in the case with mortgage documents, have been long mailed back to the servicer. 

It's very important to keep crucial documents in a safe place...a lockbox, a safe, a safety deposit box or, if an attorney was involved, with the attorney. Once the document or documents are lost, you'll have to redo the whole process. 

Now, I will say that when I have e-docs sent to me in any kind of loan process, as in the case of mortgages, I will have those copies. But they are unsigned and not notarized. I usually keep those copies for 30-90 days and then they are shredded.

Invest in a good safe or fireproof lockbox!

It's legal if you notarize it, right?

I honestly cannot count the number of times I've been asked the question, Once you notarize my document, will it be legal? If I were to guess, I'd say I'm asked at least once a week (during a slow week). It seems people feel that a notary public can do the same thing an attorney does, but at a cheaper price.

There is a general misconception that a notary public stamp on any document automatically makes the document legally binding, and the document is able to hold up in court. I am not sure where or when this myth started, but as notaries, at least in the state of Texas, we need to make sure we are not doing anything to perpetuate that myth. I warmly refer to this myth as the Legal by Notarization myth or LBN.

I first encountered the LBN myth several years ago. I received a phone call from an individual who was in the process of selling a vehicle, and he wanted the bill of sale notarized. When I arrived at the meeting location we exchanged pleasantries, and I asked to see the bill of sale. I was handed a handwritten document explaining the terms of the sale of the vehicle. The document did not include any notarial wording, so I explained to the gentleman who had hired me (Mr. Client) that I would need to attach a certificate to the document, either an Acknowledgement or a Jurat. I explained the purpose of the documents and asked which he would prefer to use. Of course, Mr. Client's next question was which is more legal? Mr. Client then went on to explain the purpose of getting the document notarized was to make sure the document was legal and would hold up in court.

To avoid unauthorized practice of law (UPL) situation, I had to explain to Mr. Client that if he wanted a legally binding document that would hold up in court, then he would need to contact an attorney. I also explained the notary public's role (in the state of Texas) was to serve as a disinterested party, properly verify the identity of the document signers, administer an oath, or acknowledge that the document was signed willingly by the person(s) who were required to physically appear before the notary public, and record the signing of the document in the notary public's journal. After I explained all of this, Mr. Client finally chose a certificate, and we were able to proceed with the signing and notarization of the Bill of Sale.

I'm pretty sure that even though I was not able to guarantee Mr. Client that his bill of sale would hold up in court, he still felt more comfortable about the sale after having the document notarized. I'd like to think that this was attributed to the fact he was able to make an informed decision about the notarization process.


<

-- Phyllis Traylor, U.S. Army Retired is a Contributing Writer with the American Association of Notaries

Source: https://www.notarypublicstamps.com/articles/legal-by-notarization-/

CREATE YOUR OWN LEGAL DOCUMENTS

Fillable Forms for All your Legal Matters!

Just click here to go to E-Forms and look at how easy it is to create your own legal documents!

Why You Should Hire a Mobile Notary Signing Service

1. Convenient. Whether you're a traveling businessperson or an over-the-road truck driver, you might find yourself in a situation where you need to meet a deadline for a contract or a home closing. One call and a mobile notary can be wherever you need her to be and on your time...late nights, weekends or holidays! 

2. We Can Meet You Anywhere! Your home, office, nursing home, local coffee shop. I once did a signing on the hood of my car for a gentleman truck driver, at the loading dock, who needed to close on a property!

3. Matter of Life or Death. Hospital and Nursing Homes are a prime venue for a mobile notary. During this delicate time for family and friends, you may need legal documents like a living will or a last will and testament witnessed.

My Service Areas

I am a New Jersey Notary Public, which means I can only notarize while within the boundaries of New Jersey. (you'd be surprised how many people think I can notarize in Delaware and Pennsylvania)

My mobile notary service is available to Gloucester, Salem and Cumberland Counties. I am willing to travel to parts of Camden County, as well.

Also, if you are in or near my area, which can go by many names Logan Township, Beckett, Bridgeport, Swedesboro, NJ  (and even Pureland, which is actually the Industrial Park that I live on the outside of), I have no problem having you bring your documents to my home. You must make an appointment but I can usually see you pretty quickly after you've made contact. 

Please do not just drop in. Thank you.

A Bit of Notary Humor