Free Recordkeeping & Journal Entries Questions and Answers 3 — Questions and Answers
Question 1: What is the benefit of requiring the signer's signature in the notary journal?
- It allows the notary to contact the signer later if needed
- It provides handwriting evidence that the signer personally appeared and participated in the notarial act (Correct answer)
- It substitutes for the signature on the document
- It is required by federal mortgage law for all real estate signings
Correct answer: It provides handwriting evidence that the signer personally appeared and participated in the notarial act
The signer's journal signature provides handwriting evidence tied to the notarial act. If the signer later claims they never appeared before the notary, the journal signature is evidence they were present and participated.
Question 2: A notary journal is subpoenaed in a civil lawsuit. The notary should:
- Refuse to provide the journal to protect signer privacy
- Destroy the journal to prevent potential embarrassment
- Comply with the subpoena and provide the journal as required by law (Correct answer)
- Provide only photocopies and retain the original indefinitely
Correct answer: Comply with the subpoena and provide the journal as required by law
A notary who receives a valid subpoena for their journal must comply with the legal process and provide the journal as directed. The notary should consult an attorney if uncertain about the scope of the subpoena.
Question 3: Which of the following is NOT typically a required journal entry element?
- Date of the notarial act
- Type of notarial act performed
- The signer's social security number (Correct answer)
- The signer's signature in the journal
Correct answer: The signer's social security number
The signer's social security number is sensitive personal information and is NOT a standard journal entry requirement. Required entries typically include the date, act type, document description, signer name, ID used, fee, and signer signature.
Question 4: If a notary's journal is lost or stolen, what should the notary do?
- Continue keeping a new journal without reporting the loss
- Report the loss immediately to the state commissioning authority as required by state law (Correct answer)
- Reconstruct the journal from memory
- Purchase a new journal and begin fresh without any notification required
Correct answer: Report the loss immediately to the state commissioning authority as required by state law
If the journal is lost or stolen, the notary should immediately report it to the state commissioning authority as required by many state laws. This protects the notary and alerts authorities to potential misuse of the journal.
Question 5: What should a notary record in the journal when a signer presents a foreign passport for identification?
- Only the signer's name and country of origin
- The type of ID, country of issuance, and passport number (Correct answer)
- A photocopy of the passport attached to the journal
- Only that "government ID was presented" without specifics
Correct answer: The type of ID, country of issuance, and passport number
When a foreign passport is used for identification, the journal entry should record: the type of document (foreign passport), the country of issuance, and the passport number. This creates a complete audit trail of the identification method.
Question 6: A notary's journal must be kept in which format according to most state laws?
- Loose-leaf binders that can be easily reorganized
- A bound, sequential (chronological) record to prevent alteration or removal of entries (Correct answer)
- A digital spreadsheet maintained on the notary's personal computer
- Any format the notary finds convenient, including sticky notes
Correct answer: A bound, sequential (chronological) record to prevent alteration or removal of entries
Most states require the journal to be kept as a bound, sequential (chronological) record — whether paper or in some states an electronic journal. Sequential numbering or binding prevents pages from being removed or reordered.
Free Recordkeeping & Journal Entries Questions and Answers 3
What is the benefit of requiring the signer's signature in the notary journal?