What Is a Legal Notarized Document?
A notary public is an impartial party who oversees the signing of legally notarized documents in order to deter fraud. Legal notarization ensures that the signatures on the document are authentic. A notary doesn't give legal advice; he simply stamps his license number and official seal onto documents while witnessing the signatures. In some states, notaries must keep a log and record of all documents signed.
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Significance
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A notarized legal document, like a contract or oath of witness, is signed by one or more parties. The seal of the notary declares that at the time of the signing, each party presented legal identification and swore under penalty of perjury that the facts contained were accurate.
Misconceptions
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Some people think that having a document notarized makes the agreement legal, but a notary's job is simply to ensure that the parties signing the document are who they represent themselves to be. The seal of the notary has no bearing upon the legality of the contract or the terms therein.
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Function
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When two parties are in different geographic areas, they can enter a legal agreement by ensuring both parties' signatures are notarized. They're used quite often in real estate, when the lender or her representative may be in another state. They're also used for wills and to grant power of attorney.
Notario Publico vs. Notary Public
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The Notario Publico in Latin countries is a high-ranking official and has considerable legal skills and training. A Notario Publico is more like a lawyer, drafting legal documents, providing legal advice, settling disputes and archiving documents. Some people who have experience with a Notario Publico often believe that a notary public offers the same professional skills.
Warning
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If you experience unethical behavior or practices by a notary, your contract could be jeopardized. In many states, you must sign documents that verify the notary asked for your identification, and written statements involving the behavior of the notary. In the U.S., reports of questionable behavior by a notary are often directed to the secretary of state, the state governor or lieutenant governor's office, or the attorney general.
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