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Top 5 Mistakes Notaries Must Avoid in Real Estate Transactions

In the world of real estate, notaries play a critical role in ensuring that transactions are completed accurately and legally. Even minor errors on our part can lead to significant delays, legal disputes, or even the invalidation of the transaction.


Here in North Carolina, we are an attorney state, meaning that all real estate transactions must be overseen by a licensed closing attorney. While many attorneys have in-house notaries to handle the notarization of documents, they often partner with mobile notaries to accommodate clients who cannot make it into the office.


A brick house with a "House for Sale" sign in the front yard, indicating the property is on the market. The house is well-maintained, with a lush green lawn, showcasing an inviting and attractive real estate opportunity.

Whether your real estate transaction is being notarized by an in-house notary or a mobile notary, it's essential that they avoid key mistakes to ensure the legality and smooth completion of the process. Here are the top 5 mistakes notaries should avoid:


Failing to Verify the Signer's Identity


One of our most important responsibilities is verifying the identity of the individuals signing the documents. Skipping this step can lead to fraudulent transactions and legal disputes. Additionally, it's crucial to adhere to specific title instructions, which may require additional forms of ID​.


Acceptable forms of identification typically include:


  • Driver’s license

  • Passport

  • State ID card

  • Military ID card


These forms of identification are standard for notarization processes in North Carolina, ensuring the signer's identity is accurately verified.


Neglecting Document Completeness


As notaries, it is our duty to review the documents thoroughly before notarizing. Missing signatures, incorrect dates, or incomplete sections can cause significant problems. We should double-check every document to ensure all necessary information is present and correct.


Misidentifying the Notarial Act


Understanding the different types of notarial acts is crucial in real estate transactions. Whether it’s an acknowledgment, jurat, or oath, we need to be clear on what is required for each document. Mistaking one type of act for another can invalidate the notarization and lead to legal complications.


Ignoring Witness Requirements


Certain real estate documents, such as deeds and mortgages, require witnesses. Failing to ensure that the proper witness requirements are met can result in the document being rejected. We must ensure that witnesses are present when required and that their names and signatures are properly documented​.


Failing to Ensure the Signer’s Physical Presence


The signer must always personally appear before us for the notarization to be valid. Allowing a document to be signed without the signer being physically present is a serious violation that can lead to accusations of fraud. We must adhere strictly to this rule to protect ourselves and maintain the integrity of the transaction.


An important exception to this rule is Remote Online Notarization (RON), where the signer can appear before the notary virtually through a secure video conferencing platform.


While some states have adopted RON to accommodate the needs of remote signers, North Carolina still requires that all notarizations be performed with the signer physically present.


Conclusion


By avoiding these common mistakes, we can ensure that our notarizations are conducted properly, thereby facilitating smooth and successful real estate transactions. Our role as notaries is vital in upholding the legality and accuracy of these proceedings, and it's imperative that we perform our duties with diligence and attention to detail.


If you're in need of a mobile notary for your real estate transaction, reach out to us today for expert service and unmatched convenience.


Rebecca Fillion 🖋️ Fillion Notary


📲 (919) 335-3598 (call/text)


💻 Book an appointment at www.calendly.com/fillionnotary


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