The Notary cannot give legal advice, make recommendations, analyze or prepare documents or select forms for the signer. In California, this is considered the Unauthorized Practice of Law (UPL).

The signer must tell the notary public what type of certificate they want for their notarized documents. The notary cannot decide for the signer.

 

 

Documents will not be back-dated or future-dated. It is illegal to do so. All notarial certificates will contain the date the notarization was performed.

Appointments are required.

 

 

Not Notarized.....

Incomplete documents, wills, immigration documents, documents signed outside my presence if they require a jurat certificate. A Notary Public cannot certify birth, death or marraige records. A Notary Public cannot certify a copy of a document, photographs, faxed or copied signatures.

A Signing Agent may answer "what" (give a definition) but not "why" (regarding terms and conditions.) Signing Agents can "identify" (point out key features and secure proper signatures), but do NOT "explain." Borrowers are referred back to the document originator.

 

 

Certified copies of birth, fetal death, death, and marraige records may be made only by the State Registrar, by duly appointed and acting local registrars during their term of office, and by county recorders. (California Health and Safety Code section 103545)

I am a Notary Public, bound by the laws of the State of California. The Notary Public/Signing Agent is not a legal representative of either the borrower or the lender and therefore cannot and will not render any legal advice, nor give any opinion of the loan or its terms during the course of the loan signing.

 

 

Although it is illegal for the Notary Public to notarize and/or certify the actual document or a copy of the document, a document custodian/signer can have an AFFIDAVIT made, attach a copy of the document the signer has in his or her possession to the affidavit, and have the Notary Public notarize the affidavit.

It is important to distinguish that the notary public is not certifying the documents or the copies of the documents, it is the document custodian who is certifying the documents via their sworn statement or affidavit.

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