Understand Your Position As a Notary

NOTARIES, MAY I HAVE YOUR ATTENTION? WE MUST BE VERY OBEDIENT TO WHAT THE NORTH CAROLINA GENERAL STATUTES REQUIRE US TO DO AS NOTARIES. UNLESS WE HAVE A LICENSE THAT WAS EARNED THROUGH THE STATE BAR TO PRACTICE LAW or WE DO THIS FOR OURSELVES PERSONALLY, WE CANNOT GIVE ADVICE, DRAFT, PREPARE, COMPLETE, SELECT, AND OR UNDERSTAND A DOCUMENT OR TRANSACTION FOR ANYONE THAT REQUEST US TO DO SO WITHOUT THE RISK OF FACING PENALTIES OF BEING ON PROBATION, LOSING OUR COMMISSION, AND OR FACING CRIMINAL CHARGES AND POSSIBLY GOING TO PRISON!!

I RARELY BOLD ANYTHING, BUT THIS IS AN ISSUE THAT WE MUST BE MADE AWARE OF BECAUSE SOME OF OUR FELLOW NOTARIES ARE COMMITTING THESE TYPES OF ACTS...

The following comment is one from someone that has made the complaint to the SOS with hopes to help put a stop to it once they identified it being an issue:

“I work at a Register of Deeds within NC as well as being a commissioned notary. I record real estate documents, your usual deeds/deeds of trust/ agreements/ power of attorneys, etc. And just because I or any Register Of Deed records a document doesn’t mean it was done properly. Some of our documents, by law, require the name of the person or entity who prepared the document. Today, I received a Deed where the presenter (in this case also the grantee/buyer), stated the notary-prepared it and wrote everything in for them. This is one of many I have seen. Mind you, by law, I have to take the document at face value as long as it meets NC Recording Requirements. Also note, in the state of NC, only the grantor (seller) or attorneys are able to prepare Deeds. On this particular deed, just by looking at it the legal description - which the tax office uses to convey ownership - didn’t look like enough information for transferring… handwritten in similar writing as the notary. Legally, as a recorder, I can’t correct/bring this information up to the presenter because it’s considered practicing law …but I see enough documents requiring a legal description to know that this didn’t seem right. This person may (and in the past others also have) come back to our office and say “we” did something wrong. “We” didn’t record it right. The tax office “said they won’t transfer it”. I have said and will likely have to say “So sorry, but you have to either seek legal advice (which they probably didn’t want to pay for in the beginning) or go back to the person that prepared your document”. By preparing these documents you risk messing up someone’s title. Yes, Google is easy to use. But it isn’t always right. PLEASE!!! PLEAAAASEEE!!! DO NOT PREPARE THESE DOCUMENTS!
<end of comment>

Just imagine having a friend or family member pass away, only to find out that their documents that were entrusted with a notary were now rejected because it was not properly prepared by an attorney and the notary took the liberty to do what an attorney or your family member or friend should have only done, and now their wishes cannot be carried out. Do you see the tragedy this can bring to their loved ones?! This is just one of many other types of issues that can be created. The monetary exchange that was done with the notary, is not worth you being sued or arrested for when you consider the huge risks involved. Doing the right thing as a notary is what others are entrusting in us to do. So please follow the law of the land.

You can refer to (North Carolina Notary Public Manual for the direct references on pages: 62-63, 71-72, 78, 82, and page 111) with so many areas covering this topic, it's VERY SERIOUS!

For more relative topics that you'd like to have a discussion with other notaries of NC, you may join us at The Confident Notaries of North Carolina where we all believe in unity and building one another up with encouragement.

#UnauthorizedPracticeOfLaw #KnowTheNotaryLaws #ncNotaryCoach 
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