The Backdated Deed and the Missing Signer
Dana Whitfield was commissioned as a Nevada notary public on January 8, 2025, and took the oath that same week. She works the front desk at a small Reno insurance agency. On Friday, March 7, a commercial client, Victor Salas, signs a lender's deed of trust in the agency conference room. Dana does not notarize it then because her stamp has not arrived. On Monday, March 10, the stamp arrives. Dana's employer hands her the signed deed and says, 'Victor was here Friday; just notarize it today and date it March 7 so the lender funds on time. He signed in front of you, so appearance is covered.' The deed has an acknowledgment certificate with a blank date. Victor is not in the office. The employer also asks Dana to notarize a separate affidavit for Victor's business partner, who is present but has no identification and says Dana knows him from prior visits.
1. Can Dana notarize Victor's deed on March 10 and date the certificate March 7? Explain the personal-appearance and date rules.
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No. A notarial act must be performed when the signer appears before the notary and the notary completes the act. Watching Victor sign on March 7 did not create a notarial act on March 7, because Dana did not then identify him, administer the acknowledgment, complete the certificate, and journal the act. Dating the certificate March 7 would be a false statement about when the act occurred, even if Victor really signed that day. Dana must wait until Victor appears again, verify his identity with satisfactory evidence, perform the acknowledgment, date the certificate with the actual date, and record the act in her journal. If Victor cannot appear, the lender should be told the certificate cannot be completed; a signature alone is not a notarization.
2. How should Dana handle the business partner's affidavit with no identification?
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Dana must first determine what notarial act the affidavit requires. If it is a jurat, the partner must swear or affirm the truth of the statement in Dana's presence; she cannot simply witness a signature. She also needs satisfactory evidence of identity. A current government-issued photo ID is the usual route. If the partner has none, Dana should not accept him merely because he is an acquaintance from prior visits. Nevada may allow personal knowledge or a credible witness in limited circumstances, but Dana must be able to document a reliable basis and follow the statutory requirements. If she cannot establish satisfactory evidence, she must decline the notarization and explain what the signer needs to provide.