The Webcam Request From Across the Country
Grace is a Massachusetts notary public working from her home office in Boston. She receives a call from a former client, Tom, who now lives in San Diego. Tom needs a Massachusetts homestead declaration notarized for a property in Boston. He emails Grace a PDF that he has already signed, and asks her to 'stamp it, date it, and send it back' after a five-minute video call in which he holds up his California driver's license. He says a friend in California can witness if needed. Grace's cousin, who is also a Massachusetts notary, is visiting San Diego next week and could meet Tom in person. Grace wonders whether she can notarize over video, whether her cousin can perform the act in California, and whether Tom's already-signed signature is a problem. Tom needs the document recorded by Friday.
1. May Grace notarize Tom's signature over a video call? Explain Massachusetts law.
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No. Massachusetts has not authorized remote online notarization. A Massachusetts notary must perform the notarial act in Massachusetts, and the signer must appear physically before the notary. A video call, even with a driver's license held up to the camera, is not personal appearance. Grace also cannot 'stamp, date, and send back' a PDF that Tom signed earlier without seeing him sign or hearing him acknowledge the signature in person. Doing so would create a false certificate and could expose her to discipline and the document to rejection. The fact that Tom is a former client and that the deadline is Friday does not change the physical-presence requirement.
2. If Grace's cousin meets Tom in San Diego, can the cousin lawfully perform the notarial act? What if Tom travels to Boston instead?
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No. A Massachusetts notary's commission is statewide, not nationwide; Grace's cousin may not perform a notarial act while physically in California, even for a Massachusetts document. The cousin would need to be commissioned in California and comply with California law. If Tom travels to Massachusetts, Grace can notarize in person. For an acknowledgment, Tom may appear with the already-signed document if he personally acknowledges the signature as his voluntary act; for a jurat, he must sign in Grace's presence and be sworn or affirmed. Either way, Grace must see him and verify identity in person. She should not rely on the cousin's report as a substitute for her own appearance.
3. What should Grace tell Tom about the already-signed PDF and the Friday deadline?
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Grace should tell Tom that she cannot meet the Friday deadline by video or by stamping the pre-signed PDF. She can explain the lawful options: Tom can appear before a California notary and confirm with the registry or title counsel that the California certificate will be accepted for recording; or he can bring the document to Massachusetts and appear before Grace or another Massachusetts notary. If the document requires a jurat, he should not sign until he is before the notary. Grace should not backdate, use a false 'personally appeared' recital, or send a notarized copy she did not actually witness. She should document the request and her refusal in her own file.