In the intricate world of real estate transactions,
the final piece of the puzzle often involves the presence of a notary public.
These unsung heroes play a pivotal role in ensuring the smooth and legally sound execution of real estate documents. Today, we'll delve into the paramount importance of notary services in real estate closings and shed light on the various facets of their important role.
1. Verifying Identities with Precision
One of the foundational roles of a notary public in a real estate closing is the verification of the parties' identities involved in the transaction. This step is essential to confirm that the individuals signing the documents are, indeed, who they claim to be. This rigorous identity verification process adds a layer of security and trust to the transaction, safeguarding against potential fraudulent activities.
2. Guaranteeing Document Completion
Real estate transactions often involve an extensive array of documents, each carrying its weight in legal and financial implications. Notary services ensure the completeness of these documents. Notaries meticulously review each page, making certain that all necessary signatures, dates, and initials are in place. This attention to detail helps prevent costly mistakes and legal complications down the road.
3. Providing a Legal Seal of Approval
Perhaps the most critical role of a notary public in a real estate closing is the affixing of their official seal and signature to the documents. This act signifies that the signing of these documents is not just a formality but a legally binding agreement. The notary's seal is recognized as an impartial witness, and it attests that all parties willingly and knowingly entered into the transaction.
Commonly Asked Questions
Are notary public lawyers? No, they are not.
What's Notary Public? A notary public is a public official appointed by a state government (or another jurisdiction) to serve as a witness to the signing of important documents and to administer oaths or affirmations. The primary role of a notary public is to verify the identity of the parties involved in a transaction and to ensure that they have willingly and knowingly entered into the agreement.
Can a notary public charge fees? Yes, notary publics can charge fees for their services. However, the fees they can charge are typically regulated by state laws and can vary from one jurisdiction to another. State governments establish the maximum allowable fees that notaries can charge for various notarial acts such as:
Acknowledgments: Verifying the identity of the signer and confirming that they signed the document willingly and knowingly. This often involves witnessing the signing of documents like deeds, contracts, and powers of attorney.
Jurats (or Affirmations): Administering oaths or affirmations and witnessing the signing of documents where the signer swears or affirms the truthfulness of the content, such as affidavits.
Travel and Convenience Fees: Some states allow notaries to charge additional fees for travel to a location or providing services outside of regular business hours.
Notaries must adhere to their state's fee schedule and may not charge more than the maximum allowable fees set by law. Charging excessive fees can result in penalties and potential loss of the notary's commission. The specific fee amounts and allowable notarial acts can vary significantly from state to state, so it's essential for notaries to be familiar with their state's regulations. Additionally, notaries often display their fee schedules or inform clients about the fees before providing notarial services to ensure transparency and compliance with state laws.
Lastly, why notary public and not public notary? "Public Notary" and "Notary Public" refer to the same role in different regions, emphasizing the notary's function as a government-appointed official who verifies signatures and performs notarial acts. The terminology varies by location and language conventions. Now, talking about language, it is very important to address that according to Chapter 117, in Florida Statutes it is prohibited for Notaries to translate the phrase “Notary Public” into a language other than English in advertisement for notarial services. §117.05(11).
Their meticulous verification of identities, commitment to document accuracy, and provision of a legal seal of approval are indispensable in ensuring the integrity and legality of real estate transactions.
So, when you think about the importance of a notary in your next real estate closing, remember that their role extends far beyond a mere signature and seal – they are the guardians of your legal peace of mind.
If you have any questions, need assistance, or want to schedule a notary for your next transaction, please don't hesitate to contact us via telephone at (786) 396-3018 or via email at inknotary@hotmail.com
At INK Notary Services, LLC we're here to support you every step of the way.
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