The Notary Who Is Also a Party
Renee is a Connecticut notary and also the daughter of the grantor, her elderly mother. The family wants Renee to notarize her mother's signature on a deed transferring the house to Renee and her brother. Renee's mother appears in person, presents a valid ID, and appears to understand the transaction. Renee's brother, who is not a notary, suggests Renee 'just do it since you're already here and it saves a trip.' The deed will be recorded at the town clerk's office.
1. Should Renee notarize her mother's signature on a deed that benefits Renee?
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Renee should not. A notary has a direct conflict of interest when notarizing a document in which the notary is a beneficiary or party. Notarizing a deed that transfers the property to herself creates a clear financial interest and undermines the impartiality the act requires. Even with proper ID and apparent understanding, the conflict makes the notarization improper and highly vulnerable to challenge.
She should decline and have an independent, disinterested notary perform the acknowledgment.
2. If Renee proceeds anyway, what problems could arise, and what is the better process?
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Proceeding could render the notarial certificate subject to challenge, cast doubt on the deed's validity at recording or in later litigation, and expose Renee to ethics and liability concerns. The appearance of self-dealing is significant because she directly benefits.
The better process is for a disinterested notary-someone with no interest in the property or the parties-to identify the mother, witness her signature, and complete the acknowledgment. Renee can be a family participant but should not serve as the notary on this transaction.