The Quitclaim Deed With the Wrong Certificate
A notary at a Carson City title company handles a closing for a married couple. Elena appears in person with a Nevada driver's license that expired 11 days ago and a valid U.S. passport. Her husband, Marcus, is traveling and cannot attend. The title officer gives the notary a quitclaim deed already signed by both spouses. The deed contains this certificate: 'State of Nevada, County of Carson City - Subscribed and sworn to before me on March 12, 2025, by Elena and Marcus.' The signature lines show Marcus signed on March 3. The title officer says, 'Just notarize Elena's signature and use the jurat for both; Marcus can sign later if needed.' The notary also notices that the legal description page is missing, and the title officer asks the notary to certify a copy of the recorded deed from the county website.
1. What is wrong with using the jurat for this deed, and can the notary include Marcus in the certificate?
Read the worked answer
A quitclaim deed is not a sworn statement, so the certificate should be an acknowledgment, not a jurat. A jurat says the signer appeared and swore to the truth of the contents; that is the wrong act for a deed. The notary also cannot include Marcus in the certificate. Marcus is not present, and a signature made earlier does not satisfy personal appearance. The notary cannot notarize on the promise that Marcus will sign later. The proper approach is to prepare an acknowledgment for Elena only, after verifying her identity and confirming that she appeared and acknowledged her signature. Marcus must appear before a notary, be identified, and acknowledge his own signature; only then may his certificate be completed.
2. How should the notary handle Elena's expired driver's license and the missing legal description page?
Read the worked answer
Elena has a valid U.S. passport, so the notary can use that as satisfactory evidence of identity. The expired Nevada license should not be used as the primary ID if Nevada requires current identification; the notary should record the passport details in the journal. The missing legal description is a document-content problem, not a notarial problem. The notary should point it out to the title officer and Elena, but must not draft a replacement page, decide what legal description is correct, or give legal advice. The notary may decline to proceed until the parties and title officer resolve the missing page. A notary confirms identity and willingness to sign, not the legal sufficiency of the deed.
3. Can the notary certify a copy of the recorded deed from the county website?
Read the worked answer
No. A printout from a county website is not an original document, and a notary should not certify a copy of a recorded public record as if the notary had compared it to an original. That is the county recorder's function. The title officer should obtain a certified copy from the recorder's office if one is needed. Even where Nevada permits copy certification of certain private documents, the notary must actually compare the copy to the original and must stay within the permitted categories. Using a notarial certificate to authenticate a public record would exceed the notary's role and could mislead the lender about the source of the document.