6 Common Notary Mistakes (And How to Avoid Each One)

Q: What is the most common notary mistake?

Failing to properly verify the signer's identity: accepting expired IDs, not comparing names, or skipping verification because you know the person.

Q: Can a notary mistake be fixed after the fact?

Some can, a missing stamp or incomplete certificate can be corrected with a loose certificate. But notarizations done without proper ID or when the signer was not present generally require re-notarization.

Q: Do all states require a notary journal?

Most states require or strongly recommend one. Even in states that do not mandate it, keeping a journal is a best practice for legal protection.

Q: What happens if a notary makes a mistake?

Consequences range from document rejection to civil liability for financial loss to potential criminal charges in fraud cases. E&O insurance may cover civil claims.

Q: Can I notarize for a family member?

Depends on your state. Some prohibit notarizing for immediate family. Others allow it if you have no financial interest. Check your state's handbook.

Published September 24, 2024 · Updated May 21, 2026

Notary errors can cause real problems: rejected documents, delayed closings, legal liability, and damage to your reputation. Most mistakes come from rushing, not knowing your state’s rules, or getting careless after you have done a few hundred notarizations. Here are the six most common notary mistakes and how to avoid each one.

1. Failing to Properly Identify the Signer

This is the single most important part of a notarization. If you notarize for someone whose identity you did not verify, the entire notarization is invalid.

Common errors:

Accepting an expired ID (most states require current, unexpired government-issued photo ID)
Notarizing for someone you personally know without checking ID (some states still require ID regardless)
Accepting a photocopy of an ID instead of the original
Not confirming the name on the ID matches the name on the document

How to get it right: Ask for a current, government-issued photo ID. Compare the photo to the person in front of you. Confirm the name matches the document. If the names do not match exactly (e.g., middle initial vs. full middle name), check your state’s rules on name variations. Some allow it, some do not.

2. Incomplete or Incorrect Notarial Certificates

The notarial certificate (the acknowledgement or jurat wording) is what makes the notarization legally valid. Errors here can invalidate the whole document.

Common errors:

Leaving the venue (state and county) blank or filling in the wrong county
Forgetting the date of notarization
Not signing the certificate, or signing with a different name than on your commission
Forgetting to affix your stamp/seal
Using the wrong type of certificate (e.g., using acknowledgement wording for a jurat)

How to get it right: After every notarization, do a quick check: venue filled in? Date correct? Signed? Stamped? Correct certificate type? See our guide to filling out notarial certificates correctly.

3. Choosing the Wrong Notarial Act

An acknowledgement confirms the signer appeared before you and acknowledged signing the document. A jurat confirms the signer swore or affirmed the truthfulness of the document’s contents and signed in your presence. These are different acts with different legal meanings.

Common errors:

Performing an acknowledgement when the document requires a jurat (affidavits and sworn statements typically require jurats)
Performing a jurat when the signer was not physically present for the signing (the signer must sign in your presence for a jurat)
Notarizing a document that has no notarial certificate attached and not asking the signer which type they need

How to get it right: If the document has pre-printed notarial wording, follow it. If it does not, ask the signer what type of notarization they need. If they do not know, explain the difference. See our guide to acknowledgements vs jurats.

4. Poor Record Keeping

Your notary journal is your legal protection. If a notarization is ever challenged, your journal entry is the proof that you followed proper procedure.

Common errors:

Not keeping a journal at all (required in most states)
Recording incomplete entries (missing the type of notarial act, the signer’s ID information, or the fee charged)
Not recording the entry at the time of notarization (filling in multiple entries later from memory)
Leaving the journal unattended where others could access it

How to get it right: Record every entry immediately after the notarization. Include: date, type of act, signer’s name, type of ID and ID number, document description, and fee charged. Keep your journal secure when not in use.

5. Notarizing When You Should Not

Not every document should be notarized, and not every person should have their documents notarized by you.

Know when to refuse:

The signer appears intoxicated, confused, or under duress
The signer does not understand what they are signing
The document is incomplete (blank spaces, missing pages)
You have a financial or personal interest in the transaction
The signer is a family member and your state prohibits notarizing for family

You are not obligated to notarize every document presented to you. Refusing a notarization when something seems wrong is not only your right. It is your responsibility.

6. Ignoring State-Specific Rules

Notary law varies by state. What is required in California may not be required in Texas, and what is prohibited in Florida may be perfectly fine in New York.

Common errors:

Charging more than your state’s maximum fee
Notarizing a document type that your state does not allow (e.g., some states prohibit notaries from certifying copies of certain documents)
Performing notarizations outside your commission state without proper authorization
Not completing required training or continuing education

How to get it right: Read your state’s notary handbook (available from your Secretary of State). Check for updates when your commission renews. When in doubt, check before you act, not after.

Frequently Asked Questions

What is the most common notary mistake?

Failing to properly verify the signer’s identity. This includes accepting expired IDs, not comparing the name on the ID to the document, or skipping ID verification entirely because you know the person.

Can a notary mistake be fixed after the fact?

It depends on the mistake. A missing stamp or incomplete certificate can sometimes be corrected with a loose certificate attached later. But a notarization performed without proper ID verification or on a date the signer was not present generally cannot be fixed, the document must be re-notarized.

Do all states require a notary journal?

Most states either require a journal or strongly recommend one. A few states do not require it but still recommend it for your own legal protection. Even if your state does not mandate a journal, keeping one is a best practice.

What happens if a notary makes a mistake?

Consequences range from the document being rejected (most common) to civil liability if the mistake causes financial loss, to potential criminal charges in cases of fraud or gross negligence. Your E&O insurance may cover civil claims.

Can I notarize for a family member?

It depends on your state. Some states prohibit notarizing for immediate family members (spouse, parents, children, siblings). Others allow it as long as you do not have a financial interest in the transaction. Check your state’s notary handbook.