Why Your Notary Requires Proof of Your Identity

Why Your Notary Requires Proof of Your Identity

The law forbids notarizing papers in the absence of the person appearing before the notary.  Have you ever asked a notary to notarize your signature without your being there in the presence of the notary and the notary refused to do so?

Here, we explain why.

With the marked increase in “identity theft,” notaries are understandably more careful in confirming that the person signing in their presence is the person identified in the papers presented before them for notarization.  The law does not require that a notary actually knows the person, but, at the least, the notary is required to have had the signer appear before him and to have presented “satisfactory evidence” that the signer is the person identified in the document

Notaries often are asked to acknowledge or notarize legal papers as a favor.  This all too often thankless, but important, task is a requirement for transferring title to real estate, for matrimonial agreements of separation, and for a multitude of other documents used for submissions to governmental agencies and the courts. If a notary acknowledges the signature of an imposter who uses the document, for example, to defraud the “purchaser” victimized in a real estate scam, the victim can be anticipated to sue the notary for the loss because the perpetrator of the scam is likely to have fled the scene of this crime.

The New York case law is not clear on the issue of liability of the notary where the notary took what appeared to be reasonable steps to confirm the identify of the signer of the document, such as by requiring the signer to produce government issued photo identification.  But, even where a driver’s license, or similar proof, had been presented, the question might remain as to whether the identification presented was sufficiently reviewed for confirmation as to it not being a forged document. In the absence of a copy of the document relied upon, the absence of even an identifying number taken down, and, even worse, in the absence of an awareness of the description of the person whose signature was provided, the notary can face significant penalties and liabilities, including loss of licensure and the payment of damages to the defrauded party if a failure to comply with legal requirements is proven.

While there are very few cases in which the notary was found responsible for the damages suffered by the victim of a scam artist who used forged or fabricated identity documents, it is clear that a notary who acknowledges the signature of a person not present before the notary can be held responsible for damages suffered as a result of this departure from this most basic standard of having the person sign in the presence of the notary with satisfactory evidence that the person who is alleged to have signed the document is actually the person set forth in the document.

So, if you ask your lawyer, or a friend, to notarize your signature without your being before the notary, don’t be surprised if that request is rejected.