Notarization of Real Property and Special Documents
Real property documents - deeds, mortgages, deeds of trust, powers of attorney, and affidavits - are the most common setting for notarial acts, and they carry heightened scrutiny. An acknowledgment on a deed certifies that the signer personally appeared, was identified, and acknowledged executing the instrument voluntarily. The notary should confirm the signer's identity, confirm the signer is signing willingly, and complete the certificate accurately. The notary does not verify title, ownership, or the legal effect of the deed.
Special documents include powers of attorney, which may require an acknowledgment or a jurat depending on the document's wording, and affidavits, which require a jurat and an oath. For a jurat, the notary must administer the oath before the signer signs or acknowledges the affidavit. A notary should not notarize a document that is incomplete or that the notary suspects is fraudulent, and should be alert to signs of coercion or elder financial abuse, particularly in real property transactions.
Traps: questions that ask the notary to "confirm the grantor owns the property" (the notary does not), that use a jurat for a deed acknowledgment, or that involve a signer who appears to be under duress. Another trap is a power of attorney signed by an agent whose authority the notary is asked to certify - the notary certifies identity, not authority.
Worked example: An elderly signer is accompanied by a relative who answers all questions for her. The notary should speak directly to the signer, confirm voluntariness, and decline if coercion is suspected. Rule of thumb: in real property acts, verify the person, not the property.