This is where you will find the most frequently asked questions that everyday clients have. We hope to answer most of your questions here and we will also add to this page on a regular basis.
Documents are notarized to deter fraud and to ensure they are properly executed. An impartial witness (the Notary) identifies signers to screen out impostors and to make sure they have entered into agreements knowingly and willingly. Loan documents including deeds, affidavits, contracts, powers of attorney are very common documents needing notarization.
A mobile notary is a notary who travels to the client. There is no legal distinction between a notary and a mobile notary as the government has no rules regarding mobile notaries and no paperwork necessary to become one providing you are a notary public in your state. Mobile notaries generally charge a travel fee on top of notary fees.
Most state laws do not expressly prohibit notarizing for a relative. However, Notaries who do so in many instances will violate statutes prohibiting a direct beneficial interest. For example, if a Notary is asked to witness his wife’s signature on a loan document for the purchase of a home they will share, he will directly benefit from the transaction and should disqualify himself. The likelihood of a direct beneficial interest is usually greater with immediate family members — spouse, mother, father, son, daughter, sister or brother — than with non-immediate, such as in-laws, cousins, nieces, nephews, aunts and uncles. In many instances, a Notary will have no beneficial interest in notarizing for a relative and will not be prevented by law from doing so. However, to avoid later questioning of the Notary’s impartiality, as well as accusations of undue influence, it is always safest for a signer to find a Notary who is not related.
State laws vary on this point. Many states allow the notary to “personally know” the signer and notarize them without identification. Generally, a signer should have valid government issued identification such as a current driver’s license, state or military ID, or passport. Some states allow credible witnesses to sign the notary journal and identify the signer.
The notary is not allowed to give legal advice and choosing the type of notarization would constitute legal advice. A Notary is forbidden from preparing legal documents or acting as a legal advisor unless he or she is also an attorney. Violators can be prosecuted for the unauthorized practice of law, so a Notary cannot answer your legal questions or provide advice about your particular document.
A notary public is a state official appointed by state government to witness the signing of important documents, administer oaths and affirmations, certify copies of certain documents, and in some states write affidavits, depositions, and protests. The most important purpose of the notary public is to make sure that the person who signed the document is properly identified and that there is a permanent record of the information pertinent to the signing in the notary journal. Please keep in mind that state laws differ and that not all notarizations in all states require identification. This clearly takes the top spot. One of the key reasons it comes up so often is that Notaries are confronted with a growing array of identity cards. Consider that every state and U.S. territory issues driver’s licenses and ID cards. On top of that, there are inmate IDs, tribal IDs and identity cards issued by federal government agencies. Then there are the identity cards and passports issued by every country in the world. Given the mobile nature of our society and the fact that there are 43 million foreign-born residents living in the U.S., there’s a good chance most Notaries will encounter an unfamiliar ID. Deciding whether an ID is acceptable depends on where you are commissioned, so you will need to know the requirements and guidelines of your state. Some states — such as California, Florida and Tennessee — provide specific lists of acceptable IDs. In these states, if the ID is not on the list, it is not acceptable. Other jurisdictions — such as Kansas, Wisconsin and the District of Columbia — “recommend” types of ID or offer guidance about the elements of an acceptable ID. Still other states, including New York, do not offer any guidance. For these states, the NNA recommends that an acceptable ID be issued by a government agency and include the bearer’s recent photograph, signature and physical description. Please keep in mind that our Mobile Notary Service is based on mileage, and the mileage is calculated in addition to Notary Fees and Convenience Charges. To see a full listing of our current rates, please view our website Service Rates. We are able to service the Entire state of South Carolina.