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What is a Notary Public?
A Notary Public is a public servant appointed by state government to
witness the signing of important documents and administer oaths.
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What is a Notary 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.
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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.
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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.
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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.
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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.
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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.
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Copyright Law & Policy
A principle of American law is that an author of a work
may reap the fruits of his or her intellectual creativity for a limited
period of time. Copyright is a form of protection provided by the laws
of the United States for original works of authorship, including
literary, dramatic, musical, architectural, cartographic, choreographic,
pantomimic, pictorial, graphic, sculptural, and audiovisual creations.
“Copyright” literally means the right to copy. The term has come to mean
that body of exclusive rights granted by law to authors for protection
of their work. The owner of copyright has the exclusive right to
reproduce, distribute, and, in the case of certain works, publicly
perform or display the work; to prepare derivative works; in the case of
sound recordings, to perform the work publicly by means of a digital
audio transmission; or to license others to engage in the same acts
under specific terms and conditions. Copyright protection does not
extend to any idea, procedure, process, slogan, principle, or discovery.
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