Submitting legal documents can be very tricky for people who don’t have a background in law or in business. In addition to its complexity, it can also be lengthy and stressful. Legal proceedings usually have orders to be followed, and if a requirement is missing, the proceeding will see a great delay, wasted time, and efforts.
One of the most common causes of delay is submitting a non-notarized document which is required to be notarized. Notarizing a document is a requirement for a lot of important documents that a person needs throughout his or her life such as wills, mortgage closing documents, power of attorney, court documents, to name a few.
What Does Notarization Do In A Document?
A notarized document is simply a document carrying the authenticated signature of the parties involved. The two parties will sign a clean document in front of a notary public, which will confirm the authenticity of the signatures. Authenticity is checked by showing a photo ID, signing the contract in person, and an acknowledgment of a party that what’s in the contract has been agreed. Once the signatures are confirmed authentic, the notary public will sign the document and give a notarial certificate which is attached to the document, making it a notarized document.
The purpose of the notarization of a document is to prevent fraud, as well as ensure the proper execution of the agreements in a contract. It confirms the identity of each party involved in the contract. It is recommended to seek the help of a certified notary public which can be found in a practice or via companies like Superior Notary Services.
Although, it is important to note that the binding power of a contract is not usually measured by the notarization. The binding element is usually dependent on the requirement of the contract. If a contract needs notarization to be fully binding, the contract will not be effective unless signed in front of a notary public and is authenticated upon signing. But if the document or a contract does not require notarization, it is binding as it is.
5 Documents That Are Usually Notarized
A person might find himself or herself in a situation where he or she needs the following documents. These documents are usually needed to be notarized. In order to save the hassle, these documents should be notarized in advance.
An affidavit is a written statement which is confirmed by an oath that can be used as evidence in the court. Affidavits need notarization because they can be presented as a sworn statement during a legal proceeding, or as evidence in a trial. Notarizing affidavits is used as a base when a person needs to be charged with penal legal action if he or she swears and make a false statement.
- Deed of Trust
Deed of trust is a document that secures the lender’s interest in the borrower’s property in case of default. In some cases, the deed of trust is a document that transfers legal ownership of a property. The document requires it to be notarized before it can be filed with the county clerk’s office or registrar of deeds.
Contracts, in general, doesn’t need to be notarized. It is perfectly binding once all the requirements are met. However, it is recommended for an added precaution against fraud. Notarization is recommended if one of the parties want assurance in case a business dispute should happen in the future.
- Power of Attorney
A power of attorney allows someone (the agent) to assist in the principal’s financial affairs. An example of this is when the agent is to assist the principal in managing bank accounts and real estate. To be deemed as properly prepared, the document should be signed by the principal and the agent in front of a notary public.
- Application for Duplicate or Paperless Title
A duplicate certificate of title is needed when the original is no longer in a good condition, lost, or stolen, or not received at all. A title is a very important document, so verifying the identity of the inquirer is an important step to make sure that there is no fake identity in action. In addition, the issuance of a duplicate title usually cancels the original title. One of the requirements to record release of ownership is the document to be notarized.