General Notary Public Knowledge

1. Question: What is the primary purpose of a notary public? Answer: To deter fraud and ensure the proper execution of important documents by verifying the identity of signers and witnessing signatures.

2. Question: What is a notarial act? Answer: An official act that a notary public is authorized to perform, such as taking acknowledgments, administering oaths/affirmations, or certifying copies.

3. Question: Who appoints a notary public? Answer: Typically the Secretary of State or a similar commissioning authority in their respective state.

4. Question: What is the typical term of a notary public commission? Answer: Most commonly four years, though it varies by state.

5. Question: What are the age requirements to become a notary public? Answer: Usually 18 years old.

6. Question: What is the significance of the notary's seal/stamp? Answer: It authenticates the notary's signature and confirms their official capacity, typically including their name, commission number, expiration date, and state.

7. Question: What is the purpose of a notary journal? Answer: To maintain a chronological record of all notarial acts performed, providing a verifiable log for protection against fraud and legal challenges.

8. Question: When must a notary refuse to perform a notarial act? Answer: If the signer does not appear in person, if the signer lacks understanding, if there's a conflict of interest, if the document is incomplete or appears fraudulent, or if the act is illegal.

9. Question: Can a notary notarize their own signature? Answer: No, a notary cannot notarize their own signature.

10. Question: Can a notary notarize a document for a spouse or close family member? Answer: Generally no, due to potential conflicts of interest and to maintain impartiality.

11. Question: What is the difference between an acknowledgment and a jurat? Answer: An acknowledgment verifies the signer's identity and affirmation of signature. A jurat verifies the signer's identity, requires an oath/affirmation, and the signature must happen in the notary's presence, attesting to the truthfulness of the document.

12. Question: What is an oath? Answer: A solemn, formal declaration or promise, often appealing to a divine being, to tell the truth.

13. Question: What is an affirmation? Answer: A solemn declaration by a person who conscientiously declines taking an oath but still affirms to tell the truth.

14. Question: What is the "venue" in a notarial certificate? Answer: The geographical location (state and county) where the notarial act takes place.

15. Question: What are acceptable forms of identification for notarization? Answer: State-approved government-issued identification with a photograph, signature, and physical description (e.g., driver's license, state ID card, passport).

16. Question: Can a notary accept an expired ID? Answer: Generally no, most states require current, unexpired identification.

17. Question: What should a notary do if the signer appears confused or incapacitated? Answer: The notary must refuse the notarial act if the signer does not appear to understand the nature or effect of the document or the notarial act, or if they appear to be under duress.

18. Question: Is it permissible for a notary to give legal advice? Answer: No, it is strictly prohibited for a notary to give legal advice unless they are also a licensed attorney.

19. Question: What is the unauthorized practice of law (UPL)? Answer: The provision of legal advice or services by an individual who is not licensed to practice law.

20. Question: What is the role of a credible identifying witness? Answer: A person who personally knows the signer and can vouch for their identity when the signer lacks acceptable identification.

21. Question: When can a credible identifying witness be used? Answer: When the signer does not have the required identification documents, and state law permits the use of credible witnesses.

22. Question: How many credible identifying witnesses are typically required? Answer: It varies by state, but commonly one or two, depending on if the witness is personally known to the notary or presents identification.

23. Question: What information must be recorded in the notary journal for a credible identifying witness? Answer: The witness's name, address, signature, and how they were identified (e.g., personally known to notary, or by presentation of ID).

24. Question: What should a notary do if the document has blank spaces? Answer: The notary should alert the signer to the blank spaces and request they be filled in or struck through before notarization. The notary cannot fill in blanks.

25. Question: Can a notary perform a notarial act if the signer does not speak English? Answer: The notary can perform the act if they can communicate directly with the signer. If not, an interpreter may be used, but the notary must still be certain the signer understands the document.

26. Question: What is a "signature by mark"? Answer: A signature made by a person who cannot write their name, usually an "X" or other symbol.

27. Question: What are the requirements for a "signature by mark" notarization? Answer: Typically, two disinterested witnesses are required to be present when the signer makes their mark, and one of the witnesses must write the signer's name next to the mark.

28. Question: What should a notary do if the notarial certificate is missing from a document? Answer: The notary must ask the signer what type of notarial act is required, or advise them to contact the document's recipient or legal counsel to determine the correct certificate.

29. Question: Can a notary determine the type of notarial act needed for a signer? Answer: No, choosing the type of notarial act constitutes the unauthorized practice of law.

30. Question: What is a surety bond for a notary public? Answer: A bond that protects the public from financial damages caused by a notary's misconduct. It is not insurance for the notary.

31. Question: What is Errors and Omissions (E&O) insurance for a notary? Answer: An insurance policy that protects the notary from financial losses due to unintentional errors or omissions made during notarial acts.

32. Question: Is E&O insurance mandatory for all notaries? Answer: It varies by state. Some states mandate it, others recommend it.

33. Question: What are common causes of notary liability? Answer: Failing to properly identify signers, exceeding the scope of authority, providing legal advice, improper journal keeping, or misconduct.

34. Question: What is the importance of maintaining control of your notary seal and journal? Answer: To prevent unauthorized use of the seal and journal, which could lead to fraud or impersonation.

35. Question: What is the procedure for a notary who changes their name or address? Answer: The notary must notify their commissioning authority (e.g., Secretary of State) within a specific timeframe (often 30 days) and follow state-specific procedures for updating their commission.

36. Question: What happens if a notary's commission expires? Answer: The notary's authority to perform notarial acts ceases, and they cannot notarize any documents until a new commission is obtained.

37. Question: Can a notary charge any fee they wish for services? Answer: No, states typically set maximum fees that a notary can charge for each notarial act.

38. Question: What is a "protest" notarial act? Answer: A formal declaration made by a notary public regarding the dishonor of a negotiable instrument (e.g., a check or promissory note) that has been presented for payment or acceptance and refused.

39. Question: When is a notary typically authorized to certify a copy of a document? Answer: Only if the notary copied the original document themselves, or if state law specifically allows for certifying copies of certain public records.

40. Question: Can a notary public notarize a will? Answer: Generally, notaries should not notarize wills due to the complexity and high risk of UPL or undue influence.

Mobile Notary Specifics

41. Question: What is a mobile notary? Answer: A notary public who travels to clients' locations to perform notarial acts.

42. Question: What are the benefits of being a mobile notary? Answer: Convenience for clients, flexibility in scheduling, potential for higher earning (by charging travel fees), and broader service area.

43. Question: What additional costs might a mobile notary incur compared to a traditional notary? Answer: Fuel, vehicle maintenance, specialized mobile equipment (portable printer/scanner), additional insurance, and marketing costs.

44. Question: How does a mobile notary typically charge for their services? Answer: They typically charge a statutory notary fee per signature (if applicable) plus a separate, reasonable travel fee.

45. Question: Is a mobile notary allowed to travel to any location within their state of commission? Answer: Yes, usually within their commissioning state, but they must adhere to the laws of the county where the notarization actually takes place.

46. Question: What considerations should a mobile notary make regarding safety? Answer: Informing someone of their location, meeting in well-lit public places when possible, trusting intuition, and being aware of surroundings.

47. Question: How should a mobile notary handle last-minute scheduling changes or cancellations? Answer: Communicate promptly with the client, confirm new arrangements, and be flexible where possible while still respecting their time.

48. Question: What equipment is essential for a mobile notary? Answer: Notary seal/stamp, journal, various ink pens (blue and black), legal-size paper, portable printer/scanner, reliable transportation, and a fully charged phone.

49. Question: How should a mobile notary handle travel time and mileage for billing? Answer: They often charge a flat travel fee or a per-mile rate, disclosed and agreed upon in advance with the client.

50. Question: What is the importance of having a professional appearance as a mobile notary? Answer: It builds trust and confidence with clients, reflects professionalism, and contributes to a positive business reputation.

51. Question: How does a mobile notary ensure they are compliant with all state laws when traveling to different counties? Answer: By being familiar with the notarial laws of their state and ensuring their notarial acts comply with any specific county requirements or best practices.

52. Question: Can a mobile notary witness documents for an incarcerated individual? What precautions are necessary? Answer: Yes, if state law permits and the notary follows all facility rules, security protocols, and ensures the signer is identified and appears to understand the document.

53. Question: What kind of vehicle is ideal for a mobile notary? Answer: A reliable vehicle that is well-maintained and provides enough space for necessary equipment.

54. Question: How does a mobile notary manage their schedule and appointments effectively? Answer: Using scheduling software, calendars, confirming appointments, and allowing sufficient travel time between signings.

55. Question: What are some common challenges faced by mobile notaries? Answer: Traffic delays, uncooperative signers, incomplete documents, difficulty identifying signers, and security concerns.

56. Question: How can a mobile notary market their services? Answer: Online directories, social media, local business networking, building relationships with title companies/lenders, and having a professional website.

57. Question: What is the role of technology (e.g., GPS, scheduling apps) for a mobile notary? Answer: For navigation, communication with clients, scheduling, and sometimes for remote notarization or secure document transfer.

58. Question: What happens if a mobile notary's equipment (e.g., printer) fails during a signing? Answer: Have backup equipment, a plan for nearby print shops, or communicate with the client about rescheduling or alternative solutions.

59. Question: How should a mobile notary handle situations where a signer is not ready at the scheduled time? Answer: Communicate professionally, explain the importance of promptness, wait a reasonable amount of time, and be prepared to charge a waiting fee if agreed upon.

60. Question: What is the importance of clear communication with clients for mobile notaries? Answer: To ensure all parties are clear on expectations, fees, location, and the type of notarial services required, minimizing misunderstandings.

Loan Signing Agent Specifics

61. Question: What is a Loan Signing Agent (LSA)? Answer: A notary public who specializes in notarizing loan documents for mortgage closings.

62. Question: What is the primary role of a Loan Signing Agent? Answer: To guide borrowers through the loan documents, obtain necessary signatures and initials, and ensure proper notarization of applicable documents.

63. Question: What is the Gramm-Leach-Bliley Act (GLBA) and how does it relate to LSAs? Answer: It requires financial institutions to explain their information-sharing practices to customers and to safeguard sensitive data; LSAs must maintain borrower privacy.

64. Question: What is the purpose of the Real Estate Settlement Procedures Act (RESPA)? Answer: To protect consumers when they apply for and obtain mortgages and to eliminate abusive practices in the real estate settlement process.

65. Question: What is the Truth in Lending Act (TILA)? Answer: It requires lenders to disclose the true cost of credit to consumers, including interest rates and other charges.

66. Question: What is the Fair and Accurate Credit Transactions Act (FACTA)? Answer: It requires creditors to develop and implement identity theft prevention programs.

67. Question: What is the USA PATRIOT Act in relation to LSAs? Answer: It requires financial institutions to implement customer identification programs to prevent money laundering and terrorist financing.

68. Question: Can an LSA explain loan terms to the borrower? Answer: No, an LSA cannot explain or interpret loan terms. This constitutes the unauthorized practice of law.

69. Question: What is the difference between explaining and interpreting loan documents? Answer: Explaining is pointing out where information is on a document or the name of a document. Interpreting is giving an opinion, advice, or clarification about the meaning or effect of the document's terms (forbidden).

70. Question: What is the importance of a clear and organized signing presentation? Answer: It helps borrowers feel comfortable and informed, ensures all documents are presented efficiently, and reduces potential errors or confusion.

71. Question: What are common types of loan documents an LSA will encounter? (List at least 3) Answer: Promissory Note, Deed of Trust/Mortgage, Closing Disclosure, Notice of Right to Cancel, Affidavits.

72. Question: What is a "Notice of Right to Cancel"? Answer: A document giving the borrower the right to cancel certain types of loans (e.g., refinances or HELOCs) within a specified rescission period, typically three business days.

73. Question: What is a "Deed of Trust" or "Mortgage"? Answer: A legal document that pledges a borrower's property as collateral for a loan.

74. Question: What is a "Promissory Note"? Answer: A legally binding agreement in which a borrower promises to repay a sum of money to a lender under specific terms.

75. Question: What is a "Closing Disclosure" (CD)? Answer: A five-page form that provides final details about the mortgage loan chosen, including closing costs.

76. Question: What is a "Loan Estimate" (LE)? Answer: A three-page form that provides borrowers with key information about their anticipated loan costs.

77. Question: What is a "HUD-1 Settlement Statement"? Answer: The traditional form used to itemize all charges imposed on borrowers and sellers in a real estate transaction (largely replaced by the CD).

78. Question: What is a "Power of Attorney" in a loan signing context? Answer: A legal document authorizing one person (agent) to act on behalf of another (principal) in signing loan documents.

79. Question: What should an LSA do if a borrower has questions about the loan terms? Answer: The LSA must direct the borrower to contact the lender, loan officer, or title company for clarification.

80. Question: What is the importance of checking all documents for completeness before leaving the signing? Answer: It ensures that no signatures, initials, or dates are missed, preventing funding delays and additional work.

81. Question: What is a "wet signature"? Answer: A signature made by hand, as opposed to an electronic or digital signature.

82. Question: What is the typical timeframe for returning signed loan documents? Answer: This varies, but often it's within 24 hours of the signing, with specific instructions from the signing service or title company for shipping.

83. Question: What are common reasons for a loan signing to be "funded" or "not funded"? Answer: Funded: All documents are correctly signed, notarized, and returned on time. Not Funded: Errors in documents, missed signatures, or issues with loan approval.

84. Question: How does an LSA ensure all signatures and initials are correctly placed? Answer: By carefully following the signing instructions provided by the signing service or title company, and visually checking each page.

85. Question: What is the importance of a professional demeanor during a loan signing? Answer: To maintain trust, alleviate borrower stress, and represent the signing service/lender professionally.

86. Question: How does an LSA handle a situation where a borrower refuses to sign a document? Answer: Do not pressure the borrower. Note their refusal and inform the signing service/title company immediately.

87. Question: What precautions should an LSA take regarding borrower privacy? Answer: Safeguarding personal information, using secure methods for document transport, and shredding or securely disposing of sensitive documents.

88. Question: What is the process for correcting errors on signed loan documents? Answer: Contact the signing service or title company immediately for instructions. It often involves having the borrower initial corrections or re-signing specific pages.

89. Question: What is a "trailing document"? Answer: A document that is not included in the original loan package and is sent separately to be signed after the main closing.

90. Question: What is the role of the signing service or title company in a loan signing? Answer: They are the primary contact for the LSA, providing instructions, documents, and payment for services. They coordinate the loan closing process.

91. Question: What is a "skip signing"? Answer: A situation where a loan signing is cancelled or postponed after the LSA has already traveled to the location.

92. Question: What is the importance of carrying a fully charged mobile printer and scanner? Answer: To handle last-minute document revisions, print extra copies for the borrower, or scan documents for immediate return to the signing service.

93. Question: How should an LSA handle a situation where a borrower is highly stressed or emotional? Answer: Remain calm, empathetic, and professional. Guide them through the process patiently and offer breaks if needed, but do not provide advice.

94. Question: What is a "HELOC"? Answer: Home Equity Line of Credit; a revolving credit line secured by the borrower's home equity.

95. Question: What is a "refinance"? Answer: The process of replacing an existing mortgage with a new one, often to obtain a lower interest rate or change loan terms.

96. Question: What is a "purchase" loan? Answer: A loan obtained to finance the acquisition of real estate.

97. Question: What is the difference between a deed of trust and a mortgage? Answer: A Deed of Trust involves three parties (trustor, beneficiary, trustee); a Mortgage involves two parties (mortgagor, mortgagee).

98. Question: Why is it crucial for an LSA to maintain impartiality? Answer: To avoid any appearance of conflict of interest or providing unauthorized legal advice, and to ensure fairness to all parties.

99. Question: What should an LSA do if they discover an error in the loan package after leaving the signing? Answer: Immediately contact the signing service or title company to report the error and receive instructions on how to correct it.

100. Question: What is the most important rule for a Loan Signing Agent regarding legal advice? Answer: Never provide legal or financial advice to the borrower.