Can a Notary Be Sued? Common Mistakes That Lead to Fraud and Malpractice

Yes, a notary can face serious legal consequences, including fraud and malpractice lawsuits. While notarization may seem straightforward, certain mistakes can expose notaries to criminal charges, civil liability, and even commission revocation.

Common Notary Mistakes That Can Lead to Lawsuits

Several critical errors can result in legal action against notaries:
  • Notarizing without the signer's presence is the most serious violation. Every signer must be physically present during notarization for identity verification and to ensure voluntary participation.
  • Backdating or postdating documents creates false legal records. This intentional misrepresentation undermines legal timelines and may be considered fraud.
  • Delegating notarial duties to uncommissioned individuals is illegal. Only authorized notaries can legally carry out notarization tasks.

How to Protect Yourself from Notary Liability

You can avoid legal exposure by following best practices:
  • Always confirm identity and physical presence. Never proceed if there are signs of coercion or fraud.
  • Maintain accurate notary logs and records with the correct dates and document types.
  • Avoid misleading advertising. Do not use terms like “notario público” unless you’re licensed to provide legal services.
  • Stay educated. Keep up with state laws and notarial ethics to stay compliant.
  • Invest in Errors and Omissions (E&O) Insurance. It’s an essential shield for your commission.

Protect yourself from costly legal risks by ensuring proper practices and continuous training. Contact our team — we are here to help!
Ready to safeguard your notary career? Visit NotaryBonding.com to browse supplies,  renew your commission, and protect your business with notary insurance.

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