Notarized documents also are considered self-authenticating, which means the signers do not need to testify in court to verify the authenticity of their signatures. Still, the experience taught him a lesson about the importance of notarizations. While Chappelear, a civil litigator in both state and federal courts, eventually won that case, he’s not sure it was only because of those missing affidavits. The time period for discovery had passed, so Chappelear’s opponent had to proceed with the case without the information contained in the affidavits. They filed them with the court anyway, but the court did not accept them. Chappelear, partner-in-charge of the Columbus, Ohio, office of Hahn Loeser + Parks, LLP, recalls a case in which opposing counsel did not have affidavits notarized. Having certain papers notarized also is important when disputes are litigated affidavits, which are sworn statements, will not be considered by a court unless they are notarized. Notarization not only makes it more likely that signors are who they say they are but also is mandatory in some states for certain agreements, such as deeds, mortgages, easements, powers of attorney and living wills. Getting agreements notarized adds a layer of verification that “the people who signed the document are the people they say they are,” he says. Still, he adds, “a notary public is not a policeman.” Why Notarization Is Important?Ĭhief among the reasons to have certain documents notarized is that having a document notarized is a deterrent to fraud, Aronson says. “Most notary laws don’t make it the notary’s responsibility to know whether parties are competent,” he says, “but I think it is the notary’s responsibility that people involved in a transaction know what’s going on.” However, Marc Aronson, president of the Pennsylvania Association of Notaries, says the responsibilities of a notary should extend beyond merely witnessing a signature. Having a document notarized does not necessarily mean the parties signing it understand what it says. Having a notary public witness a signature is a “powerful risk management tool to prevent fraud and identity theft,” he says.Ī notary public is a third-party witness to not only the signature of a document but also the fact that all parties who signed did so willingly and under their own power. You’ve probably had documents notarized, but did you know why? Is there really a purpose or benefit to having a document notarized?ĭefinitely, says Tim Reiniger, executive director of the National Notary Association.
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