A notary public or public notary is a person appointed and commissioned by a state government, e.g. the governor or state secretary, or in some cases the state legislature, and whose primary role is to serve the public as an impartial witness when important documents are signed. Unlike notaries in Montana, Wyoming, and North Dakota (to name a few), Texas commissioned notaries are not authorized to notarize documents in other states. However, a Texas notary has statewide jurisdiction to perform notarial acts. A Texas notary public is required to post a $10,0000 bond with the Secretary of State. A notary must renew his/her commissioned license every four years.
The most common, important documents that require a notarized signature are quit-claim deeds, deeds of trust, grant deeds, wills, power of attorneys, permission to travel for minors, or affidavit of citizenships, but they would not be referred to as notary documents. To become a notary, an individual must be 18 years or older, a legal state resident, have no felonies, and must not have committed any crime involving moral corruption.
Bad Notaries
A notary public can be personally liable for negligence or fraud in the performance of the duties of the office. The bond is to ensure that the person or entity injured can recover at least $10,000, but this does not protect the notary public from personal liability for the full extent of damages caused by a breach of official duty. In addition to civil liability, notaries may be subject to criminal prosecution and the revocation or suspension of their notary public commission by the Secretary of State's office.
In Previous News: (for informational purposes only)
· A notary lost $2,381 on a claim that he acknowledged a forged signature.
· Another notary is fighting a similar claim involving $14,671.
· A Texas notary was sued for allegedly affixing her seal to a forged signature on a certificate of title. Although judgement was finally rendered in favor of the notary, she incurred $560 in legal fees.
· A notary witnessed signatures in a real estate transaction, which later were proven to be forgeries. Even though she was acting on instructions from her boss, that notary was held liable for $5,000 in damages and $2,493 in court costs.
Notaries Must Follow the Laws A person commits an offense if the person is a notary public and the person advertises the services of a notary public in a language other than English, whether by signs, pamphlets, stationary, other written communication, by radio or television. In addition, if the person does not post or otherwise include the notice with the advertisement, he or she has violated the statute.
The notice required must state that the notary public is not an attorney and must be in English and in the language of the advertisement and in letters of a conspicuous size. If the advertisement is by radio or television, the statement may be modified, but must include substantially the same message. The notice must include the fees that a notary public may charge and the following statement: "I am not an attorney licensed to practice law in Texas and may not give legal advice or accept fees for legal advice."
I am a Notary Public for over 5 years now, and I take my responsibility very seriously. I am impartial in each transaction and do not want either party to be harmed by the other. I am very careful and detailed oriented to ensure the document has been properly filled out and executed. Customers look at me impatiently (sometimes) because I double-check even simple documents, but I will continue to double check because the due diligence will prevent me from having records subpoenaed, taking off for court appearances, and unwanted litigation affiliations.
other reading:
http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.406.htm
http://www.sos.state.tx.us/statdoc/edinfo.shtml
http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.406.htm
