NNA Preventing Fraud and Misconduct 2 — Questions and Answers
Question 1: A signer presents a driver's license whose photo resembles him, but the lamination is peeling and the font on the birth date looks different from the rest of the card. What should the notary do?
- Proceed because the photo matches
- Refuse to notarize based on that ID and ask for other acceptable identification (Correct answer)
- Accept the ID but note the damage in the journal
- Have the signer sign an affidavit that the ID is genuine
Correct answer: Refuse to notarize based on that ID and ask for other acceptable identification
Signs of tampering make an ID unreliable, so the notary should not rely on it and should request another acceptable form of identification.
Question 2: Which situation is the strongest red flag that a signer may be acting under undue influence?
- The signer asks how long the notarization will take
- A relative answers every question for the signer and won't let the signer speak alone (Correct answer)
- The signer brings two forms of ID
- The signer asks for a copy of the journal entry
Correct answer: A relative answers every question for the signer and won't let the signer speak alone
A third party controlling the conversation suggests the signer may not be acting of their own free will.
Question 3: A document presented for acknowledgment has several blank spaces in its body. What is the best practice?
- Notarize it since blanks don't affect the certificate
- Fill in the blanks yourself with 'N/A'
- Have the signer fill in or line through the blanks before notarizing (Correct answer)
- Note the blanks in the certificate wording
Correct answer: Have the signer fill in or line through the blanks before notarizing
Blank spaces could be filled in fraudulently after notarization, so the signer should complete or strike them first.
Question 4: Why does the NNA recommend recording a signer's thumbprint in the notary journal for high-risk documents such as real property deeds?
- State law always requires it for every notarization
- It deters impostors and provides strong evidence of who appeared (Correct answer)
- It replaces the need for ID
- It allows the notary to charge a higher fee
Correct answer: It deters impostors and provides strong evidence of who appeared
A thumbprint is a powerful deterrent to impostors and provides evidence if the notarization is later challenged.
Question 5: A notary's seal stamp goes missing from her office. What should she do first?
- Order a replacement and say nothing
- Promptly notify the commissioning authority (and law enforcement if theft is suspected) as required by law (Correct answer)
- Wait to see if it turns up within a year
- Use a borrowed seal from a coworker
Correct answer: Promptly notify the commissioning authority (and law enforcement if theft is suspected) as required by law
A lost or stolen seal could be used to forge notarizations, so it must be reported promptly per state rules.
Question 6: A caller asks the notary to notarize his elderly mother's signature on a power of attorney, saying she is too ill to come to the phone or meet. What is correct?
- Notarize if the son brings her signed document
- Notarize after the son vouches for her identity
- The mother must personally appear before the notary; otherwise the notary must refuse (Correct answer)
- Notarize if the son signs as a witness
Correct answer: The mother must personally appear before the notary; otherwise the notary must refuse
Personal appearance of the signer is a core fraud-prevention requirement that cannot be waived for convenience.
Question 7: A signer seems confused, cannot say what the document is, and asks the notary what it means. What should the notary do?
- Explain the legal effect of the document
- Proceed because the signer's ID is valid
- Decline if the notary believes the signer lacks awareness of the transaction (Correct answer)
- Have a family member explain and then proceed
Correct answer: Decline if the notary believes the signer lacks awareness of the transaction
Notaries must be satisfied the signer understands the transaction and should refuse if awareness appears lacking.
NNA Preventing Fraud and Misconduct 2
A signer presents a driver's license whose photo resembles him, but the lamination is peeling and the font on the birth date looks different from the rest of the card.
What should the notary do?