Question 1

What types of identification are generally acceptable for notarizing loan documents?

Accepted Answer

Generally acceptable IDs include: current (unexpired) state-issued driver's license or ID card, U.S. passport or passport card, and military ID issued by the Department of Defense. Some states also accept foreign passports. The ID must have a photo, physical description, and signature. Specific requirements vary by state.

Question 2

What is 'personal knowledge' as it relates to signer identification?

Accepted Answer

Personal knowledge means the notary personally knows the signer — they have a pre-existing relationship sufficient to identify the person without documents. Some states allow personal knowledge as a form of identification for notarization, while others require documentary ID in all cases. For loan signings, title companies almost always require government-issued photo ID regardless of state rules.

Question 3

What is the difference between an acknowledgment and a jurat?

Accepted Answer

An acknowledgment is a notarial act where the signer acknowledges that they signed the document voluntarily. The signer does not need to sign in front of the notary. A jurat requires the signer to sign the document in the notary's presence AND swear or affirm under oath that the contents are true. The Deed of Trust typically uses an acknowledgment; affidavits use jurats.

Question 4

Can a notary signing agent refuse to notarize a document?

Accepted Answer

Yes. A notary must refuse to notarize if: the signer is not present, the signer cannot be properly identified, the signer appears coerced or incompetent, the document is incomplete or blank, or the notary has a direct financial interest in the transaction. The notary has a legal duty to refuse in these situations.

Question 5

What is a notary journal and why is it important for signing agents?

Accepted Answer

A notary journal is an official record of all notarizations performed. It typically records the date, time, document type, signer name, ID used, and signer's signature or thumbprint. Many states require it by law. Even in states where it is not required, keeping a journal protects the signing agent from liability and fraud claims.

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