FAQ - waconotary

Waco Notary, Mobile Notary Services for Central Texas.

Q. Do you receive many calls from customers wanting to just come to the office?
A. Yes. However, our main purpose is to provide Mobile Notary Services
for McLennan County and surrounding areas. We do accept walk-in customers
at my home. 4600 Erath Street in Waco. It is best to call first to make sure Mike is in.

Q. How much of a notice is desired for appointments?
A. For "basic" Mobile Notary services, most appointments are
set for the next day, but same day service can usually be accomplished.

Q. Rates WacoNotary.com Mobile Notary?
A. Rates vary depending on circumstances and distances traveled. Most
single page single signature documents have a $6.00 State Notary fee, plus a mobile charge -- depending on the volume of related calls. Please call with description.

Q. Certified Copies?

1. The document must be an original (not a photocopy -- or from another
certified copy). A Notary Public must also make the copies, or supervise the photocopying process.
2. Notary Public may Not make certified copies of "Recorded" or "Filed" documents:
Birth/Death Certificates, Marriage/Divorce Records, Student Transcripts, Probated Wills, Powers of Attorney, Certificates of Naturalization, or Real Estate Deeds and Mortgages.

3. Notary Public Can make certified copies of many other types of documents:
Business transactions, Personal letters, Social Security Cards, Driver's Licenses, Living Wills, Contracts, Photographs, Foreign Passports, Medical Treatment Consent forms, Lease Agreements, Diplomas, and Invoices.

Q. How long is the term of Notary Public Commission?
A. A Notary commission is a four-year term of office. The term begins on
the date the Secretary of State issues the commission.

Q. What are the powers and duties of a Notary Public?
A. The primary duties of a Notary Public are to prevent fraud by confirming
that the signer’s identity is who he or she claims to be, and that the person,
in the presence of the notary, has voluntarily signed a document on a
given date. A Notary Public has the authority to take acknowledgments,
protest instruments, administer oaths, take depositions, and certify copies of
documents not recordable in the public records.

Q. May a Notary notarize without the person being present? Can a Notary take acknowledgments over the phone?

A. No. A Notary Public may only perform notarial acts by requiring a
personal appearance. The document signer must always appear before the Notary
for the notarization. Remember that the primary function of a Notary
Public is to prevent fraud. Notaries do this by requiring the personal
physical presence of the signer and making a positive identification of the
signer. Often, forgeries occur because the notary fails to require the
document signer to be present for the notarization.

Q. Must the document be signed in the presence of the Notary?
A. Yes.

Q. Can a Notary prepare legal documents?
A. No. A Notary who is not a lawyer does not have this authority.
All documents presented to notarize should have the correct form of notary
certificate already on them. As a Notary, the duty is to perform the
notarial act and complete the notarial certificate.

Q. If a person needs advice in drafting a document, can a Notary help?
A. No. A Notary Public may not prepare, select, or give advice concerning
legal documents.

Q. Can a Notary notarize a document that is not completely filled out?

A. Yes. However, it’s the Notary Public's responsibility to mark through
all spaces that are not filled out to prevent fraud and possible
lawsuits. It’s not the Notary Public's responsibility to check that the
form is properly filled out.

Q. May a Notary determine which type of Notarial Certificate should be attached?
A. No. A Notary Public who is not an attorney should only complete a
notarial certificate which is already on the document or type a certificate of
the maker's choosing. If a Notary Public is brought a document without a
certificate and decides which certificate to attach, that Notary Public would
be "practicing law." However, a Notary Public is provided
copies of sample notarial certificates with his or her notary commission.
The person for whom the notarization is performed may choose the certificate,
and the Notary may add such certificate to the document.

Q. May a Notary perform notarial acts in other counties?
A. Yes. A Notary Public has statewide jurisdiction and may perform
notarial acts in any county in the state of Texas.

Q. May a Notary notarize documents in other states?
A. A Texas Notary Public has jurisdiction ONLY in Texas. Texas notaries
may only perform notarial acts within the geographical boundaries of this
state. Other states have their own notary laws regarding their Notaries.

Q. May a Texas Notary notarize documents from other states?
A. Documents that originate in other states may be notarized by a Texas Notary
if the notarial act is performed in Texas.

Q. What is a Signing Agent?
A. A commissioned Notary Public who has become skilled, through experience
and/or education in the facilitation of the signing portion of the mortgage
loan closing process.

Q. What is a Closing Agent?
A. The person, usually from a title or escrow company, who is coordinating the
assembly of the documents, disbursement of funds, and other duties associated
with closing a loan. Although the closing agent may also be a Notary, he or she
will often locate a suitable signing agent. Even though the time when
everyone is sitting down to sign papers is often referred to as a
"closing," this signing is really only a portion of the closing
process?

Q. What are acceptable Identification Cards:
A. According to Texas law, an acceptable identification card for notarization
purposes would include a U.S. passport, driver's license, or any card issued by
a state or federal government agency that contains the photograph and
signature of the person making the acknowledgement or taking the oath.
The card must not be expired.

Q. Can a notary complete a Form I-9, Employment Eligibility Verification, on behalf of an employer?
A. Yes with conditions. Although the United States Citizenship and Immigration Services (USCIS)
would allow a notary public to fill out Form I-9 on the behalf of an employer. Texas notaries public are not provided this authority under Texas law. Therefore I cannot Notarize an I-9 Form, but can Certify Id's as the employer's agent.

Q. May a Notary refuse to serve people?
A. Only if the Notary is uncertain of a signer's identity, willingness or general competence, or has a good reason to suspect fraud. Notaries should not refuse to serve anyone because of race, religion, nationality, lifestyle, or because the person is not a client or customer. However, there are circumstances where a Notary Public can, or must, refuse service:

The signer asks for legal advice prior to executing documents.
The Notary suspects the signer is being pressured, coerced, or threatened by another person to execute the documents being signed.
The signer requests notary services before or after regular hours.
The prospective customer is unreasonable.

Notices:

A Notary should not notarize if the signer appears to be mentally incapable of understanding the nature and effect of the document at the time the transaction takes place.
A Notary should not take the acknowledgment of a person who does not speak or understand the English language on a document written in English, unless the nature and effect of the document to be notarized is translated into a language that the signer does understand.
A Notary must not certify the accuracy of a translation. Instead, the notary may notarize an affidavit from an unbiased translator certifying the accuracy of the translation.
A Notary must not certify the authenticity of objects such as art, coins, or collectibles.
A Notary must never certify residency or citizenship. Certification should be made either by the resident or by an official at the U.S. Immigration and Naturalization Service.