If a person is financially injured by a Notarys negligence or failure to properly perform a Notarial act whether intentional or unintentional, the injured party may sue the Notary in civil court and the Notary, possibly, may be ordered to pay all resulting damages, including attorneys fees. A Notary Public who advertises in ANY language OTHER than ENGLISH must include in their advertisement the following statement: I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice.
A notary public who has qualified and filed a certificate of official character in an additional county, must also affix to each notarizing instrument their second official number and County in black ink.[Fact #46]Acts performed by notaries public and commissioners of deeds dealing with official certificate & other acts, shall not be deemed invalid, impaired or defective if they are questioned for defects under the following circumstances: The term conveyance includes every written instrument, by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of power, although the power be one of revocation only, and an instrument postponing or subordinating a mortgage lien; except a will, a lease for a term not exceeding three years, an executor contract for: postponement or subordination of a mortgage lien, lease less than or equal to three years, executory contract to sell or purchase land and an instrument allowing an agent or attorney to convey real property on behalf of the owner.
A County Clerk may stamp, print, photograph, engrave or fax a document confirming the authenticity of a Notary Public when issuing a Certificate of Official Character or a Certificate of Authentication (when documents will be used outside NYS needed prior to obtaining an Apostille).
If a Commissioner of Deeds is removed from his/her Office by the Secretary of State, they may not sign or execute any instrument in the capacity as a Commissioner of Deeds nor a Notary Public, otherwise guilty of a Misdemeanor.
For an acknowledgment, the document does not have to be signed in the Notarys presence; however, the signer must appear before the Notary at the time of notarization to acknowledge having signed the document.
A document could have been signed a hour before, a week before, a year before, etc.
as long as the signer makes personal appearance before the Notary with the signed document at the time of notarization to admit that the signature is his or her own.
(ie: creating a false deed) When a Public Servant (an officer authorized by law to make such official instruments) intentionally issues the instrument knowing that it contains false information.
Sometimes people elect to file their signatures in other counties so that it makes verification easier.
For example, if most of your notarizations occur in a Suffolk County, but you were originally qualified in Nassau County (your place of residence), an individual seeking a certificate of authentication wouldn't have to go to the Nassau County Clerk's Office to obtain one.
Proof should not be taken unless the above is established and you are personally acquainted with such witness or you have satisfactory evidence to believe that he/she is the same person who was a sub. An appropriate situation where an owner cannot be presented on the sale or purchase of property would be the use of a "Power of Attorney" or " Attorney in Fact".
Unless accompanied by and attached thereto a translation in the English language duly executed and acknowledged by the person making such conveyance and proved and authenticated, in the manner required of conveyances for recording in this state Unless accompanied by and attached thereto a translation in the English language made by a person duly designated for such purpose, by the county judge or a justice of the supreme court - and be duly signed, acknowledged and certified under oath or upon affirmation by such person before such judge, to be a true and accurate translation and contain a certification of the designation of such person by such judge of the county where it is desired to record such conveyance Effective September 23, 2012, recording officers (County Clerks) may receive and record digitized paper documents and electronic records affecting real property, (ie: deeds, mortgages, notes and accompanying documents).n addition, you cannot notarize for an individual whom you cannot communicate with due to a language barrier and therefore, a third party translator is present.