Notary Public Communication & Stakeholder Relations 5 — Questions and Answers
Question 1: A notary suspects a signer is being coerced by someone waiting outside. The appropriate response is to:
- Proceed since the signer seems physically present and willing
- Speak with the signer privately to assess voluntariness before proceeding (Correct answer)
- Call the police immediately without speaking to the signer
- Ask the waiting party to enter and observe
Correct answer: Speak with the signer privately to assess voluntariness before proceeding
A notary should privately assess whether the signer is acting of their own free will before proceeding with a notarization.
Question 2: A notary is asked to send a signed notarial journal entry via text message to a requesting party. The notary should:
- Send it immediately since it is just information
- Decline and follow formal state procedures for journal record requests (Correct answer)
- Photograph and share only the signer's name
- Comply if the requesting party promises confidentiality
Correct answer: Decline and follow formal state procedures for journal record requests
Informal disclosure of journal records via text message does not satisfy statutory requirements and may breach the signer's privacy.
Question 3: Which statement best describes a notary's communication role when acting as a loan signing agent?
- Explain all loan terms so the borrower fully understands the financial commitment
- Guide the borrower through which pages require signatures without advising on content (Correct answer)
- Advocate for the lender's interests to complete the closing efficiently
- Recommend which documents the borrower should or should not sign
Correct answer: Guide the borrower through which pages require signatures without advising on content
A signing agent's role is procedural — identifying signature locations — not advisory about the loan's terms or suitability.
Question 4: A notary is performing a notarization via audio-visual technology for a signer in another state. The notary must ensure:
- The laws of the signer's physical location permit remote notarization for the document type (Correct answer)
- The notary's commission state is the only relevant jurisdiction
- Remote notarization is universally accepted and no state-specific rules apply
- The signer downloads and installs the notary's approved software
Correct answer: The laws of the signer's physical location permit remote notarization for the document type
Both the notary's and signer's states may impose requirements on remote notarizations, and not all states accept RON for every document type.
Question 5: A client complains that a prior notarization was invalid because the notary did not explain the document. How should the notary respond?
- Apologize and offer to re-notarize the document for free
- Explain that the notary's duty is to authenticate the signature, not explain document content (Correct answer)
- Agree that explanation is required and schedule a corrective appointment
- Refer the client to the state notary commission immediately
Correct answer: Explain that the notary's duty is to authenticate the signature, not explain document content
Explaining document content is not part of the notarial act; the notary's duty is limited to identity verification and certifying the signing.
Question 6: When a notary encounters a conflict between a title company's instructions and state notary law, which governs?
- Title company instructions, since they are the paying client
- State notary law, which supersedes any third-party instructions (Correct answer)
- Whichever standard is more convenient for the transaction
- Federal law, which preempts all state notary rules
Correct answer: State notary law, which supersedes any third-party instructions
State notary statutes are the controlling authority; no client instruction can override a notary's legal obligations.
Question 7: A notary who also holds a real estate license is asked to notarize a deed in a transaction where they earn a commission. The notary should:
- Proceed since both roles are licensed and legitimate
- Recuse from notarizing due to a direct financial interest in the transaction (Correct answer)
- Disclose the commission and then proceed
- Ask the buyer to waive the conflict in writing
Correct answer: Recuse from notarizing due to a direct financial interest in the transaction
A direct financial interest in the underlying transaction disqualifies the notary from performing the notarial act.
Notary Public Communication & Stakeholder Relations 5
A notary suspects a signer is being coerced by someone waiting outside.
The appropriate response is to: