|Q- “I have a document that I already signed but now see at the bottom it says it needed to be notarized. Do I need to get a new document?“|
|A- It depends on the document type and the wording displayed in the Notarial area. Regardless of whether a document is pre-signed or is signed in the notary’s presence, the signer must still produce satisfactory evidence of identity before the notary proceeds with notarizing the document. |
Example # 1– If it starts with:
“Sworn (or affirmed) to before me this _______ day of ____________, 20__.”
This is a sworn statement that you are making to the document’s content. This document would need to be signed in the presence of the Notary after they administer an oath or affirmation.
Oath: “Do you solemnly swear that the contents of this affidavit subscribed by you are correct and true?”
Affirmation (for those opposed to swearing oaths): “Do you solemnly, sincerely, and truly declare and affirm that the statements made by you are true and correct?“
This is considered to be a Jurat or a sworn Affidavit.
Example #2 – If it contains something along the line of:
Before me, the undersigned authority, on this ______ day of ___________, 20__ personally appeared _________________________, to me well known to be the person who executed the foregoing instrument, and he/she acknowledged before me that he/she executed the same as his/her voluntary act and deed.
If the signatures look like they were signed by the same person, the notary is permitted to perform the acknowledgment. If the signatures look different from the ID presented and the notary is unsure if the same person made the signatures, the notary may request that the signer sign the document again, or may refuse the notarization.
|Q- “If you are a mobile Notary, what fees do you charge?”|
|A- We only charge the fee for each notarial act of $10.00 and a travel fee to and from your location of $0.44/ mile. Appointments are required and a deposit is made once confirmed.|
|Q- “My wife and I work different shifts, but we both need to sign one document. Can you still notarize it?”|
|A- Yes I can, however that requires two separate appointments. I can provide a certificate acknowledging your presence and when I meet with your wife I can provide another certificate with her name. You will be charged for two individual certificates plus the travel fee. Because the notary is attesting to the genuineness of the signature, the notary may not perform an acknowledgment that will be signed at a later time.|
|Q- “My husband is traveling with my son out of the country and needs a certified copy of his birth certificate. Do you do that?”|
|A- No, as per [ A.R.S. § 41-311(3)] The Arizona Secretary of State’s office is tasked with issuing apostilles and certificates of authentication. Arizona notaries do not have the authority to perform this type of certification.|
|Q- “My parents are US residents but are vacationing in Canada, and I am here in Arizona. They need a document notarized and I am their witness. Can you help?”|
|A- No as per Arizona State law, all parties would need to be physically in front of me at the time of notarization.|
|Q- “I have a document that I am filling out but I don’t know the answers to some of the areas. Can you notarize it now and I can fill in the blank spaces later?”|
|A- It depends on the notarial language found within the document itself. As per the Arizona Secretary of State who writes the rules we follow, A jurat cannot be performed on a document that contains blank spaces or that is incomplete. However, this does not apply to acknowledgments, although the Secretary of State’s office recommends that a notary public not notarize a document containing obvious blank spaces. [A.R.S. § 41-328|
|Q- “Will you notarize a document written in Spanish?”|
|A- I am not bilingual, however, as per the Secretary of State a notary MAY perform a notarial act on a document that is in a foreign language that the notary does not understand so long as the notarial certificate is worded and completed using only letters, characters and a language that is read, written and understood by the notary public.|
|Q- “I have Power of Attorney over my mother and need a Certificate of Title notarized can you help?”|
|A- It depends. I would need to see a copy of the POA to verify that the POA grants the authority to execute the type of document that is being presented for notarization|
|Q- “I have a document and need to know if you can tell me if it will hold up in court if I sign it?”|
|A- The answer is “NO.” We are not attorneys and therefore are prohibited from engaging in the unauthorized practice of law. Notaries Public are not permitted by law to provide answers or questions to the contents of any document at the time of notarization.|