Put your Notary in Jail
It's not all that hard. In these tough economic times, some notaries will do almost anything to earn a fee. The classic request to "backdate" a set of loan documents is the most common illegal thing a notary is asked to do. Technically it is forgery by the notary as they are stating that a signature was taken on a date in the past. Bye Bye notary when the illegal act is uncovered.
As a NewYorkMobileNotaryPublic.com I often am put in a tough situation. I get a call and go to an assignment and am asked - upon arrival - to backdate the document. I have scheduled time, traveled to the assignment, possibly printed documents, etc. Then the sorrowful tale about how the borrower forgot to call me earlier.......
Nope, not this notary, out I go - fortunately this is a rare event. But backdating is not the only improper request. Lack of identification - or ID that is weak is a more common occurrence. Most times a Driver's license or Passport is presented. But, sometimes, I am shown a membership card from Freddies Gym! Sorry, but the standard is government issued photo ID. A wise notary learns to ask about the ID prior to making the trip. Some cases really are tearjerkers - grandma has Altzheimers - and the daughter wants to help her sign the Power of Attorney by guiding her hand to sign the page. Under some conditions that might be acceptable, but if grandma can't tell me who the President of the United States currently is..... signing fails the test of understood and willfully signed.
IDs must match the preprinted document exactly. Junior can't sign the document (if his ID has the "Jr" suffix - if the document does not have the same suffix). Is he trying to impersonate the father? When Ken Edelstein notarizes a document I am on record as checking the ID. Any discrepancy - no notarization. Often I am asked to accept a document for notarization via FAX and to FAX it back! Personal appearance before the notary is always required as the notary wording states before me.
An honest notary cannot ignore a pressure situation where one party is forcing another to sign a document. My standard notary oath asks: Is this your signature, did you understand and willfully sign this document and that the facts are true and honest to the best of your knowledge and belief. Incapacity by an affiant is a violation of that oath. Unfortunately, not every notary maintains high standards, the same is true in practically every endeavor of commerce. If you obtain a flawed notarization - when the truth is discovered, both you and the notary are subject to penalties. If a proper notarization cannot be obtained in a legal manner - please consult an attorney. There is usually a legal solution to situations that proper notary procedures alone cannot resolve.
