Are Notarized Documents Legally Enforceable? Essential Facts You Should Know

What does it mean to make a document notarized?

In the simplest terms, a notarized document is essentially a legal instrument that carries an acknowledgement that the signer is who they claim to be and that the signer is signing the document willingly. A notarized document is one that has been "notarized" by a notary public. A notary public is a state-appointed public officer whose overall responsibility is to confirm that people who are asking to have their signatures (or someone else’s signature) notarized have actually signed the document in front of a notary. But, it may be more accurate to say that a notary’s overall responsibility is to confirm, to the best of their ability, that the signer is who they claim to be and that the signer is signing the document willingly.
The process of notarizing a document involves the signer of the document signing the document in front of a notary in person and having the notary public watch the signer sign the document , as well as establishing the identity of the signer and confirming that the signer is willingly signing the document. Notaries will often demand to see the signer’s Driver’s License. Notaries never assist with the completion of documents—so, for instance, if the signer has not signed a form that says "signature" on it, a notary will not assist with finding the right space for them to sign.
There are a number of legal documents that frequently require notarization. Common documents that require notarization include acknowledgements and affidavits, powers of attorney, contracts, deeds, mortgages, notes of indebtedness, caveats, verifications of oath, and similar instruments.

Legally binding force of notarized documents

Not all notarized documents are legally binding just because a notary public attaches their state-issued stamp or seal. However, there are certain requirements that must be met for a notarized document to hold legal binding power over the signers.
Applicable and Complete Forms
During many notarizations, such as for real estate or other property transactions, applicable documents are already generated and brought before a notary public. It is the notary public’s job to verify that the correct forms are present and complete before witnessing the signer. Conversely, when signers do not provide correct or complete documents, a notary public must refuse to notarize the document.
Presence of the Signer(s)
For notarization to be legitimate, the signer(s) must be physically present in the same room as the notary public. If a signer asks a notary to witness a signature while a signer is in another room, this is improper. Likewise, for a document that requires two witnesses—such as a will—witnesses must be appropriately present at the time of signing. While some states allow remote online notarization, it still must be done with proper technology and an approved online notary service.
Signature of the Signer(s)
Not only must the signer(s) be present, but to be legally binding, the notarized document must be signed in the notary public’s presence. While some states allow a notary public to sign on behalf of the signer using a power of attorney, in most cases that authority would only be given if notarization is required. Furthermore, the document must be signed voluntarily, and not under duress. The notary public must exercise conscientious judgment that the signer is not being forced to sign the document they do not understand.
Identification of the Signer(s)
In most states, the notary public must verify the signer’s identity, usually by viewing proper identification such as a driver’s license. It is up to the notary public’s discretion, however, whether to request some form of identification. A notary public must properly identify both parties to notarization, as well as witnesses (if applicable).
Limitations of Notarized Documents
While a notary public affirms the legitimacy of signer(s) behind a document, he/she cannot go beyond that. A notary public may not give legal advice, nor can the notary public attest that the notaries document is valid. Even after proper notarization is performed, there is no guarantee the notarized document could not be invalidated. This means it is the responsibility of the signer to understand the document, and whether it is valid or legally binding, not the notary public’s responsibility.

Benefits of creating notarized documents

Having a document notarized is an inexpensive and convenient way to give your signature added weight of law. The primary advantages of having a record of a document being notarized are:
Fraud Prevention
When a notary public witnesses the signing of a legal document, that person is responsible for ensuring that the signature given is legitimate. This is important in case of any disputes that arise over the legitimacy of a signature on a document, or a document’s validity. A notary can attest to the validity of a signature on your will, for example, or on a contract.
Authenticity
An authentic signature adds to the authenticity of the overall document. A notarized agreement, such as a trust, can make it difficult for an opposing party to disavow or gain leverage against you in the event of a lawsuit.
Credibility
If a notarized document is ever called into question in a trial or deposition, the official status of a notary carries considerable weight in the eyes of the court. Notary publics are required to be keen observers who can supply information to either party to a legal dispute and to the judge, making them more credible than a typical eyewitness to a contract or other legal matter.
There are many advantages to signing a document before a notary public. These advantages can be even more potent depending on the nature of the document you are signing, so keep a lookout for the various opportunities that a notary presents in your day-to-day life.

Misconceptions and limitations with notarized documents

What notarization does provide, however, is an official guarantee as to the identities of the individuals who signed the document. Simply put, it helps to prove that the signatures on the document belong to these signers and no one else—hence, the concept of serving as a deterrent to fraud.
Not all notaries only focus on providing general notarization services to clients. Notary publics with advanced knowledge and experience can also provide extra services. For instance, some notaries offer loan signing services, where they accompany mortgage clients or homebuyers at closing and get their documents expertly signed and notarized with no issues or worries. This is a great extra service for mortgage lenders because notary errors and mistakes can often lead to legal issues for lenders. Sophisticated clients will often work only with lenders that have access to such high-quality services. Lenders can more easily obtain sophisticated notary services by "outsourcing" their requirements to a signing company or a signing service provider.
Clients might think, "If it’s notarized, then it’s legal. Right?" Wrong. Even if something is officially notarized, that does not mean it can serve as any sort of legally enforceable contract, unless all parties have properly followed A to Z of the procedure—signed document, signed, dated, notarized, witnessed, and other states’ specific requirements for perfection.
All states have different rules for notarization. The signer(s) must be physically present in front of the notary. Also, the signer(s) should show an ID that’s valid and unexpired. If these procedures are not followed, even if a document is notarized, this document may not have any legal standing to stand up in court.
Many people believe that a notary is a legal professional. But this is not true. A notary public is a special individual who has gotten a special commission from the state to administer oaths and affirmations. This makes them formally recognized at the state level. If there is any trouble with anything related to this specific commission to notarize documents, they may be fined, charged, or held responsible by the state that provided this authority.
Many clients might think about having a contract notarized so that they can start legally enforcing things right away. Notarization also does not make a contract enforceable, in any capacity, without further steps having been completed (such as signing or signing and sealing).
Notarization is just one additional method for bolstering the evidence of a contract, which may offer greater protections to a signer. Again, even if the contract is notarized, that doesn’t mean it will stand up in court. But it can help show good faith by a signer to fulfill the agreement.
Some notarial acts may be properly performed by practicing law outside of the United States. This depends upon the laws of the foreign country or foreign jurisdiction, not those of the United States. In most cases, the American consular officer performs the notarization, if appropriate, in the country where the notarial act is required. Furthermore, the American consular officer may authorize an attorney who has been licensed and is practicing law abroad to perform it in his or her place, if applicable. However, by and large, notarial acts other than notarization and authenticating signatures for documents to be filed with American courts (or in the U.S.) or to be recorded in the United States require the U.S. consular officer to authenticate the foreign notarial act.

Notarized documents in legal proceedings

Notarized documents fulfill different roles and serve different purposes in various legal contexts. When it comes to real estate transactions, a notary public plays an essential role in authenticating the identities of all parties involved in the deal. The authenticity of these identities ensures that the transaction goes smoothly without fear of property being sold or transferred surreptitiously. This is especially important when large sums of money are involved or when the parties are not familiar with one another, such as in rental situations or when purchasing a home. A notary public can verify the identity of a person by checking two forms of photo identification that ensure that the person is who they say they are.
When it comes to immigration , a notarized document may be necessary when the person providing sponsorship for an immigrant cannot or does not want to come to the United States to give a statement in person. A notarized letter from an employer stating that the immigrant is coming in for employment purposes or a notarized letter from a relative stating that they will provide assistance to the immigrant upon arrival in the United States may be required. Many times, visa applications will specify what kind of documentation is required for approval of the visa.
For business contracts and agreements, a notarized document can protect the integrity of the business. It can ensure that the actions of employees pursuing contracts on behalf of the company did so legally and legitimately. A signed and notarized contract between an employee and a company can ensure that neither party can claim that the document is illegitimate when it comes time to enforce the contract.

Steps to avoid misinformation about notarization of your document

1. Choosing the correct notary public for your legal transaction is paramount to ensuring the notarized document will be legally binding. Make sure you assess yourself with the following factors when choosing a notary public:
2. Preparing your document beforehand will save you time and will help avoid the typical costly mistakes and misunderstanding when working with a notary public. Already prepared notarized documents should be first validated for accuracy by a notary public before they are further executed. A notarization is not valid unless it contains the original signature of the notary public. Therefore, if two persons are executing identical acknowledgments to be incorporated in the same document, the acknowledgement for each must be separately notarized. To ensure the legal validity of a notarized document, make sure your signature on the document matches exactly the name and/or names as printed on the document. If your signature is different from what it should be, then the wrong name should be crossed out and the correct name printed next to it, e.g.:

JOHN SMITH, as
__/s/ John G. Smith___ __________________________
Wherever the name appears on this document, it shall mean John Smith.
If you will be signing several pages of notarized documents, make sure your signature is consistent throughout the acknowledgments.

• Be sure you bring with you to the notary public:
• Do not sign the document before arriving at the notary public!
• Before you leave the notary public, double check that the notary properly completed the certificate section of the document, signed and sealed it before you leave.

Commonly asked questions about notarized documents and their legality

The following are the most common questions I receive regarding notarization and whether it has any legal effect:
Q: What does notarization mean?
A: A notarized signature means that a notary public has confirmed your identity, witnessed your signature, and has placed their official seal on the document to show that it’s been properly signed.
Q: Is my notarized signature legally binding?
A: Notarization does not make a document legally binding. It merely serves as a proof that the proper person has signed the document, but it does not make the document binding . For a document to be binding, both parties must have fully agreed to the terms and conditions.
Q: Does notarization replace the need for an attorney?
A: Absolutely not. The role of a notary is simple; to ensure that the right person has signed the right document. They’re not there to give advice on the content of the document. Always consult an attorney before signing any legal documents.
Q: Can a notary notarize my will?
A: No. You need two witnesses to sign your will in addition to a notary.