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06/03/2026

05/09/2026

Most people think a notary is simply someone who verifies identities and applies their notary stamp to documents. Even some notaries may think so when they first enter the profession. However, being a notary public involves much more than that.

A notary public is a person of proven integrity appointed or commissioned by their state’s government authority to serve the public as an impartial witness when taking acknowledgments, administering oaths and affirmations, and performing other notarial acts allowed by law. To serve as a notary, an individual must take an oath of office, swearing or affirming to faithfully perform their duties in accordance with applicable law.

This definition may sound simple, but the responsibilities of a notary public are significant. A notary must understand their role, know the limits of their authority, remain impartial, follow the law, and perform every notarization correctly.

For example, when taking an acknowledgment, a notary must require the signer to personally appear before them, verify their identity, confirm they are aware of what they are signing, and ask them to acknowledge that they signed the document freely and willingly. The notary must also review the notarial certificate to make sure it contains the proper wording, complete it, record the notarization in a journal, and follow any additional procedures required under their state’s notary laws before applying their official signature and stamp.

Similarly, when performing a jurat, the notary follows many of the same steps required for an acknowledgment. However, a jurat is different because the signer is not acknowledging that they signed the document. Instead, the signer must sign the document in the notary’s presence and swear or affirm that the statements in the document are true.

When a party receives a notarized document, the party relies on the notarization as evidence that the notary properly performed the acts described in the notarial certificate. An incomplete or improperly performed notarization may delay a transaction, prevent a document from being accepted or recorded, or cause financial harm.

Affixing a notary stamp to a document, by itself, does not constitute a valid notarization. However, affixing the notary’s official stamp and signature to a completed notarial certificate serves as evidence that the notary performed the notarial act described in the certificate. By understanding their role and following proper notarial procedures, notaries help deter fraud, preserve the integrity of notarized documents, and maintain the public’s confidence in the notarial process.


Legal disclaimer: The American Association of Notaries is committed to providing accurate and up-to-date information in our newsletters. However, it is important to note that the information provided in our newsletters is for general informational purposes only and should not be relied upon as legal advice. We do not claim to be attorneys and we do not guarantee the accuracy, completeness, or reliability of the information provided. You should always seek the advice of a licensed attorney for any legal matters. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, losses, damages, or expenses, howsoever arising, including, and without limitation, direct or indirect loss, or consequential loss, out of or in connection with the use of the information contained in the American Association of Notaries newsletters. It is your responsibility to know the appropriate notary laws governing your state. Notaries are advised to seek the advice of their state’s notary authorities or attorneys if they have legal questions. If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.

04/25/2026

04/25/2026

Deed Fraud: A System Failure, Not a Notary Failure

Imagine discovering that your home has been sold, transferred, or used as collateral without your knowledge. For a growing number of property owners, that is not just a fear, but a reality. Deed fraud is one of the most damaging forms of property crime because it can quietly take away a person’s most valuable asset and leave the rightful owner facing a long and costly legal battle to reclaim it. When deed fraud happens, the blame is often placed on notaries. But that response overlooks the real problem.

When you sell a car, you are generally required to present the official certificate of title issued in your name to prove that you own it and have the right to transfer it. But when it comes to a home, a recording office often does not require that same kind of direct proof before accepting a deed for recording. In many cases, all that is needed is a document that appears to satisfy the filing rules. A home is often far more valuable than a vehicle, yet the system may allow ownership records to be changed with less meaningful verification.

Recording offices are designed for speed and efficiency. Their job is to process a high volume of documents quickly so property transactions can move forward and public records can be maintained. But a system built for fast filing rather than meaningful verification creates an opening for fraud. It allows criminals to exploit a process that focuses more on whether a document looks complete and compliant than on whether the transaction is genuine.

Recording offices also often do not have the time or resources to verify whether the notary seal or stamp on a deed is legitimate. In today’s digital world, a fake notary seal can be created with common design software, and notary stamps may also be fraudulently obtained from vendors that fail to require proof of a valid notary commission. As a result, a forged deed may pass through the recording process without anyone confirming that the notarization itself is authentic.

Instead of addressing weaknesses in the recording system, lawmakers focus on enacting stricter notary regulations, thereby misunderstanding a notary’s limited role. The notary’s duties are ministerial in nature, which means a notary is not required to determine the legality of a document or the accuracy of its contents. Stricter notary regulations do not fix the problem; instead, they may discourage qualified individuals from serving.

Notaries should continue to do their part to help deter fraud, maintain the integrity of the notarial process, and preserve public trust. That includes requiring every signer to personally appear at the time of notarization, verifying each signer’s identity, properly recording notarial acts even when not required to do so by state law, safeguarding their notary seals, and promptly reporting any seal that is lost or stolen. Notaries should also consider carrying errors and omissions (E&O) insurance to help cover legal defense costs and other covered expenses resulting from unintentional mistakes or invalid claims.

04/13/2026

What is SC House Bill 3368 about?
House Bill 3368 would make South Carolina's tax code follow or conform to current federal tax law. In plain terms, it updates state rules, so they match certain changes made at the federal level. This may change your South Carolina refund or amount owed, so you may want to wait to file.
What the bill would do
Update South Carolina law to align with the current Internal Revenue Code, including provisions commonly referred to as the One Big Beautiful Bill Act (OBBBA). This could include aligning the state's standard deduction amounts with the federal amounts and excluding overtime and certain bonuses from gross income.

04/11/2026

Role: A notary public is an impartial official who verifies identities, witnesses signatures, and administers oaths to deter fraud.
Primary duties: Acknowledge signatures, administer oaths/affirmations, take affidavits/depositions, and certify copies (where allowed).
Identity verification: Notaries must confirm signers’ identity, typically via acceptable ID (government-issued photo ID) or credible witnesses per state rules.
Neutrality: Notaries must be impartial; they cannot notarize documents where they have a personal interest.
Signer presence: The signer must usually be physically present (some jurisdictions allow remote notarization under specific rules).
Recordkeeping: Many states require notaries to keep a journal/log of notarial acts and retain it for a set period.
Certificate wording: Notarial certificates must include specific wording, date, venue (jurisdiction), notary signature, and seal where required.
Notary seal: Seals/stamps often include the notary’s name, commission number, commission expiration, and jurisdiction; some places ban rubber stamps.
Commission/term: Notaries are commissioned by state government for a fixed term (varies by state) and may need education/exams.
Fees: States regulate maximum fees a notary may charge per act.
Remote/online notarization: Increasingly allowed under state laws with identity-proofing and audio-video technology; rules vary widely