Common Notarial Errors and Consequences


We want you to be prepared for notarizing in the real world! Family, friends, co-workers and other customers may try to persuade you to notarize under circumstances that may have personal and professional consequences for you as a notary. Your actions may also result in devastating legal consequences for your customer. Review the examples below to ensure you’re ready to protect your commission and your customer.

Errors and Omissions Insurance in Rhode Island offers protection for you for making unintentional mistakes and against false claims that have been filed against you in a civil court matter. To learn more from the National Notary Association about Errors and Omissions Insurance click here.


Notary error: failure to require personal appearance by all signers

Possible consequences: loss of notary commission, personal financial liability

A good friend brings a notary Quitclaim Deed and says “My wife signed this just before I left the house. Can you notarize it for us? I’ll sign it now.” The notary completes the notarization

What’s the real story?

The couple is getting a divorce and the husband forged his wife’s signature on the Quitclaim Deed. His wife has no knowledge of her husband’s plan to convey the property.

What could happen to the notary?

Your friend’s wife files a complaint alleging notarial error with the Governor’s Office and that complaint is found to be valid. Your notary commission is revoked. Your friend’s wife has also sued you in civil court to recoup her financial losses. The court finds in her favor and you must pay $360,000.

Notary error: failure to screen signer for willingness and competency

Possible consequences: loss of notary commission, personal financial liability

The notary’s neighbor brings her elderly mother with her to the signing ceremony. The neighbor wants the notary to notarize a Financial Power of Attorney giving her authority to manage her mother’s financial affairs. The mother seems confused and hesitant to sign.

What’s the real story?

The mother is experiencing early stages of dementia and your neighbor is arguing with her siblings about how to manage the mother’s finances.

What could happen to the notary?

The neighbor’s siblings file a complaint alleging notarial error with the Governor’s Office and that complaint is found to be valid. Your notary commission is suspended for one year. The siblings sue you in civil court to recoup their losses.

Notary error: notarizing a document for close relatives

Possible consequences: suspension of notary commission, personal financial liability

Susan, a Rhode Island notary, is approached by her husband and his two brothers who are named as Trustees in their mother’s estate documents. They ask Susan to notarize their signatures. Their sisters seek the services of another notary.

What could happen to the notary?

RI notaries may not notarize the signature of their spouse, parent, guardian, child, or sibling, including step, in-law, and half relatives. The sisters challenge the Trust documents and the matter is referred to Probate Court. Susan’s brothers-in-law file a complaint against Susan for the losses they incurred in the probate case

Notary error: refusing to notarize a document for a discriminatory reason

Possible consequences: personal financial responsibility

A signer with a disability asks a notary to perform a notarial act for them. The notary is unwilling to do so and refuses to perform the notarial act.

What could happen to the notary?

The signer files a complaint against the notary with the RI Commission for Human Rights. After investigation and a hearing, the Commission finds in the signer’s favor and orders that the notary reimburse the signer for all legal expenses related to the complaint.

Notary error: Performing a copy certification for a vital record

Possible consequences: Rejection of the document by the receiving party, notice of notarial error issued

A customer presents a birth certificate issued by the City of Providence. They ask the notary to perform a copy certification and the notary does so.

What could happen?

The customer presents the copy certification to our office for legalization. We reject the document and issue an infraction letter to the notary requesting that they attend notary public training.

Notary error: Failure to use a notarial certificate

Possible consequences: Rejection of the document by the receiving party

A customer requests that you perform a signature witnessing. There is no notarial certificate on the document. You sign and stamp the document without attaching a notarial certificate.

What could happen?

The customer’s document is rejected by the office it is presented to and the customer returns to you upset about having to have the notarization completed again.

Notary error: Failure to use an inked notary stamp

Possible consequences: Rejection of the document by the receiving party

A customer requests that you notarize a Quitclaim Deed. You complete the notarization and affix an embosser seal only.

What could happen?

The Quitclaim Deed is rejected by the Town Clerk. Your angry customer must return to have the embossed seal properly highlighted.