When you hire a notary public, you're not hiring someone to guarantee a successful loan closing, a case resolution, or the recording of a deed. A notary's duty is not tied to the outcome of your transaction it’s tied to the act of notarization itself. And that's an important distinction that often gets misunderstood.
What Does a Notary Do? A notary public serves as an impartial witness to the signing of important documents. The primary responsibilities include verifying the identity of the signers, ensuring they are signing willingly and are aware of what they’re signing, and completing the notarization according to the laws of their jurisdiction. Once those duties are fulfilled, the notary's job is complete. What a Notary Is Not Responsible For It’s a common misconception that if a mortgage loan doesn't close, a deed doesn’t record, or a legal case doesn’t resolve as hoped, the notary somehow bears part of the responsibility. But in reality: Loan Closures: A notary may be involved in the signing of mortgage documents, but they have no influence over whether the loan is ultimately funded or approved. Deed Recording: A notary may notarize a deed, but recording it with the appropriate county office is typically the responsibility of the parties involved or their legal representatives. Legal Outcomes: If a notarized affidavit is used in a legal case, the notary is not responsible for the outcome of that case. Why This Matters Understanding a notary’s limited scope of responsibility protects everyone involved. Notaries are not legal advisors, title agents, or loan officers. They do not prepare documents, offer legal advice, or ensure the success of the transaction. Holding a notary accountable for what happens *after* their job is done is both unfair and legally inappropriate. Final Thoughts A professional notary takes their duties seriously and ensures that all notarizations are conducted with accuracy, impartiality, and in accordance with the law. But once that job is complete, the responsibility for what happens next lies with the parties managing the transaction—not with the notary. If you're unsure about what a notary can or cannot do, it’s always okay to ask. The key is understanding their role so that expectations are aligned from the start.
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