The Video Call and the Courier Package
Maria holds an active Delaware notary commission and works in Dover. A New Jersey client, Ms. Chen, owns a duplex in Wilmington and needs a deed acknowledged. Chen cannot travel because of recent surgery, so she proposes a video call: she will hold up her driver's license, sign the deed on camera, and courier the original to Maria. Maria has never enrolled in Delaware's remote online notarization program and does not have approved remote notarization technology. She met Chen once at a closing three years ago. The courier package arrives with the deed already signed and a note asking Maria to "just stamp it and date it for last Friday, when we did the video call." Maria's commission is current, and she has her seal and journal. She wants to help the client avoid a delayed closing.
1. May Maria perform the acknowledgment based on the video call and courier package? Explain your reasoning.
Read the worked answer
No. Maria may not lawfully perform the acknowledgment as proposed. A traditional Delaware notarial act requires the signer to appear personally before the notary. A video call is not personal appearance unless the notary is authorized and equipped for remote online notarization under Delaware law, and Maria has not enrolled in that program. The courier package does not cure Chen's absence. Meeting Chen once three years ago is also thin evidence of identity for this transaction; Maria must use satisfactory evidence, typically a current government-issued photo ID examined in person or reliable personal knowledge. If Maria proceeds, Chen must personally appear, be identified, and acknowledge the signature before Maria completes the certificate. Maria should not "just stamp" a document based on a video call and a note. She should explain the requirement to Chen and offer a lawful alternative, such as appearing before a Delaware notary or using properly authorized remote notarization.
2. What identity, appearance, and recordkeeping steps must Maria follow if Chen later appears in person?
Read the worked answer
Maria should first confirm that her commission is active and that she has her current seal and journal. Chen must appear physically before Maria-not by phone or video. Maria should examine a current government-issued photo ID, compare the photo and name to Chen, and check that the ID is unexpired and appears genuine. If Maria instead relies on personal knowledge, she must be able to explain the basis and duration of that familiarity; a single meeting years ago is not enough. For an acknowledgment, Maria watches Chen sign or confirms that Chen acknowledges the signature already on the deed. Maria then completes the acknowledgment certificate with the true date of the act and records in her journal the date, time, type of act, signer's name and address, identification method, and fee. She should not record a notarial act that did not occur.
3. What is wrong with dating the certificate "last Friday," and what risks does that create?
Read the worked answer
The certificate date must be the date the notarial act actually occurs. Dating it last Friday would falsely state that Chen appeared before Maria on that date, when she did not. That is a false official certificate and can constitute notarial misconduct, exposing Maria to discipline and potentially to criminal or civil liability. It also creates a defective or challengeable deed: a title company, lender, court, or recording office may later question the acknowledgment, and the false date could affect priority or enforceability. The client's closing schedule does not justify a false date. Maria should refuse, explain that the true date must be used, and let Chen appear in person on the actual date of notarization. She should not make a journal entry for the earlier date.