VA Notary Notary Fees and Liability 3

Question 1

An employer instructs a notary employee to notarize a document without verifying the signer's identity. If a third party suffers losses as a result, who may bear liability?

Accepted Answer

Both the notary and the employer, potentially

Answer

The employer only, since they gave the order

Answer

The notary only, since they performed the act

Answer

Neither party, if the document itself was genuine

Question 2

A Virginia notary charges a client $8 for a single paper-based acknowledgment. Which statement is correct?

Accepted Answer

This violates the $5 statutory maximum and may result in disciplinary action

Answer

This is permissible because the signer agreed to pay

Answer

This is permissible if the document has more than one signature

Answer

This is only impermissible if the client formally complains

Question 3

A notary discovers after the fact that they notarized a document in which they had an undisclosed direct financial interest. What is the most appropriate course of action?

Accepted Answer

Disclose the conflict and consider whether the act should be voided or redone by a disinterested notary

Answer

Take no action, as notarization is already complete

Answer

Charge a reduced fee to compensate for the ethical lapse

Answer

Report only to their employer, not to the Secretary of the Commonwealth

Question 4

Which of the following scenarios would most likely result in revocation of a Virginia notary's commission?

Accepted Answer

Repeatedly notarizing documents without confirming the signer's identity

Answer

Charging a $3 fee instead of the maximum $5

Answer

Notarizing a document for a stranger whose identity was properly verified

Answer

Declining to notarize a document on a Sunday

Question 5

A notary acting in bad faith causes a lender to fund a fraudulent mortgage, resulting in a $50,000 loss. Under Virginia law, who may the lender sue?

Accepted Answer

The notary, since they facilitated the wrongful act

Answer

Only the fraudulent borrower, not the notary

Answer

Only the title company that handled closing

Answer

No one, because mortgage fraud is a federal matter

Question 6

What is the maximum fee a Virginia notary may charge for a remote online notarial act (RON)?

Accepted Answer

$25

Answer

$5

Answer

$10

Answer

$100

Question 7

Under Virginia law, actual financial losses caused by a notary's wrongful act are:

Accepted Answer

Recoverable as compensatory damages by the harmed party

Answer

Capped at the amount of the notary's fee for the act

Answer

Only recoverable if the notary intended to cause harm

Answer

Not recoverable if the signer voluntarily signed the document