The Most Common Documents You May Need Notarized
A Notary's duty: is to screen a signer when signing important, or legal documents, for their true identity, willingness, and comprehension for signing the document(s). Notaries also check for any signs of duress or intimidation before performing Notarial acts.
Notaries are not allowed to help you select documents you wish to have notarized or guide you in what they mean in any way. Notaries are not attorneys and therefore cannot practice legal advice. However, in some instances such as Loan Signings Notaries take additional training from reputable Notary Training companies such as the National Notary Association, Notary2Pro, and NotaryStars.com to be able to give general descriptions of Real Estate related documents to help speed up the lengthy process of signing an entire loan package.
Today, most Notaries are mobile Notaries as most banks and financial institutions do not want to carry the liability of notarizing important documents. And, as of 6/3/2023 it is important to note that you can also have many documents Notarized online as long as the receiving party is willing to accept the Electronically Notarized Document through RON, or Remote Online Notarization.
Below you will find a list of commonly Notarized documents, however, the list is really endless as anyone can have any document, they wish Notarized at any time if they wish to have it recorded in a Notary's journal for additional witnessing.
Affidavit of Forgery
This is a statement attesting that a document has been fraudulently produced using a forged signature. You may be requested to fill out a document such as this by a banking or financial institution.
Application for Duplicate Title
If your original car title has been lost, damaged, or stolen, and you have to apply for a replacement. As goes for most documents on this list, it is a state-by-state case on if this application must be notarized, so check with your state before beginning filling out your application.
Bill of Sale
This is a document that records the transfer of ownership of an asset to a second party in exchange for money. Bill of Sale is most commonly used when transferring ownership of automobiles, aircraft, watercraft, and personal property such as jewelry or art and most often have to be notarized by a Notary Public.
Are generally legally binding documents that recognize and govern the rights and duties of the parties of the agreement. A contract typically involves the exchange of goods, services, money, or promises of any of those. While some states and contracts do not require notarization, it can be very beneficial for the contract to be notarized if potential legal disputes arise between the parties.
Deed of Trust or Mortgage
A Deed of Trust or a Mortgage document is always notarized by a third party Notary usually not working for the Title Company, Attorney, or Lender. However, some Attorney’s and Title Companies may have employees who Notarized documents for them in-house which is perfectly legal. Both of these documents allow the borrower to transfer the legal title for its property to a trustee who holds the property in trust as security for the payment of the debt to the lender. Essentially, a Deed of Trust or Mortgage puts the property into the signer's name but lists the lender as the first lien holder.
A legal document used to transfer ownership or real property. The grantor is the person transferring the property, and each grantor must sign the deed. The grantor does not guarantee there are no other claims to the property in existence. This is the main reason that Quitclaim Deeds are mostly used to transfer property between family members and spouses. If you are just entering the world or Real Estate it is important that you understand it is best to have an Attorney or Title Company prepare a Quitclaim Deed for you before conveying property as Real Estate fraud is on the rise.
Identity Theft Victim’s Complaint and Affidavit
A certified document certifying the person has become a victim of fraud with personal data. The affidavit provides the appropriate information for businesses and creditors, which is necessary in order to prevent or minimize damage from malicious actions. This document is often required by financial institutions and sometimes credit bureaus.
This is a legal document, or trust, created during an individual’s lifetime where a designated person or persons, the trustees, are given responsibility for managing that individual’s assets for the benefit of the eventual beneficiary.
Medical Authorization for Minor
Legal document providing someone other than the parent or legal guardian temporary rights to seek and provide healthcare and healthcare decisions on behalf of their child. This is most commonly utilized by grandparents, daycare providers, babysitters, teachers, coaches, or trusted friends. In addition to medical decisions, through the use of Child Power of Attorney, a parent or guardian can assign other responsibilities such as education powers and everyday caretaker.
Parental Consent for Travel
This form is used for any minor that has permission from their parent or legal guardian to travel either domestically or internationally with someone else, group, or organization. While 1 parent’s signature will usually suffice, it is suggested that both parents or legal guardians sign the consent form when at all possible.
And, although it is not required. Many Notaries today will request that the child be present when the form is signed to ensure that the child seems comfortable with the adult seeking consent for travel.
Passport Parental Consent
Form DS-3053 is required when one parent or guardian who does not have sole legal custody applies for a minor’s passport since the general rule requires the signature of both parents. The non-applying parent or guardian must complete the form and have it notarized in order to provide consent for the applying parent or guardian to obtain the passport.
Power of Attorney
A Power of Attorney Document is a legal document that gives a person, or persons, (otherwise known as an agent or attorney-in-fact) the power to act on another persons (otherwise known as the principle) behalf regarding, property, finances, or health depending on the scope of the powers given.
There are three most common types of Power of Attorney documents you are most likely to encounter.
General Power of Attorney - which grands broad powers to an agent to handle affairs and manage assets and becomes void once the signer/principle becomes incapacitated.
Durable Power of Attorney - which grants limited powers to handle specific areas of life.
Limited Power of Attorney - is similar to a general Power of Attorney but contains specific language that states the document is not affected by incapacitation.
There are also other Power of Attorney documents offered such as Medical Power of Attorney Documents and Financial Power of Attorney documents as well.
Is used to transfer any ownership that someone (the grantor) has in a piece of property to another party (the grantee), without providing a warranty. The grantor does not guarantee there are no other claims to the property in existence. This is the main reason that Quitclaim Deeds are mostly used to transfer property between family members and spouses. If you are just entering the world or Real Estate it is important that you understand it is best to have an Attorney or Title Company prepare a Quitclaim Deed for you before conveying property as Real Estate fraud is on the rise.
Temporary Guardianship Agreement
A document that formally turns over the care of your children to another adult for a specified period of time. Generally, this document will need to be notarized and sometimes a witness in addition to the Notary Public is required.
Unclaimed Property Form
Unclaimed property is money or another asset that has gone dormant and ultimately deemed abandoned by its owner. Most state websites provide more information on filing your claim along with your notarized document depending on the state and type of property being claimed.
A last will and testament is a complex and sensitive legal document that can take different forms, depending on state law. Some wills legally require notarization, some do not and may actually be invalidated if they are notarized, and some allow notarization as one of several witnessing options.