Common Mistakes Texas Notaries Make—and How to Avoid Them
Key Mistakes to Watch Out for—and How Proper Training Can Help
As a notary public, upholding the role's responsibilities with diligence and attention to detail is crucial. However, even the most experienced notaries can make mistakes, whether through oversight or misunderstanding of Texas-specific laws. Today, I’m sharing some of the most common mistakes Texas notaries make and, more importantly, how to avoid them to maintain professionalism and compliance with state regulations.
1. Failing to Properly Verify the Signer's Identity
One of the most important tasks for a Texas notary is verifying the identity of the signer before notarizing any document. The Texas Secretary of State mandates that identification must be:
Government-issued
Contain a photograph and signature
Current and not expired
Common forms of acceptable identification include:
Texas driver’s license or identification card
Concealed handgun license (issued by the Texas Department of Public Safety)
U.S. passport or military ID card (with photograph and signature)
Driver’s license or ID card from another state
Foreign passports (only for real estate transactions)
It’s essential to remember that social security cards, birth certificates, or other non-photo IDs are not acceptable forms of identification. If the signer does not have valid identification, their identity can be verified through a credible witness who is willing to swear to their identity.
2. Incorrectly Completing Notarial Certificates
Completing notarial certificates correctly is another area where many notaries falter. In Texas, it is 100% the notary’s responsibility to ensure that the notarial certificate is accurate and complete. This includes:
Filling in the venue with the state and county where the notarization takes place
Correctly dating the certificate and ensuring all information matches what the signer has provided
Signing the certificate exactly as your name appears on your notary commission
Affixing your official notary seal or stamp
Remember, this document is your responsibility alone—no one else should fill it out. Accuracy here is critical, as improper completion can lead to penalties or the rejection of the notarized document.
3. Recording Incorrect Information in the Notary Journal
Maintaining a proper notary journal is not just a best practice—it’s required by law in Texas. In your journal, you must record the following for each notarization:
Date of notarization
Signer's name
A description of the identification used to verify the signer’s identity (but not the ID number)
Whether you knew the signer personally or relied on a credible witness
Any fee charged (if applicable)
Avoid recording sensitive information like ID numbers or biometric data, such as fingerprints. In Texas, it’s illegal to include thumbprints in your journal. Furthermore, keep your journal for at least three years after the last notarization or until your commission expires—whichever is longer.
4. Not Administering Oaths or Affirmations Correctly
Administering an oath or affirmation requires the personal appearance of the individual in front of the notary. While raising the right hand is customary, it’s not required. The oath typically involves the signer swearing that the statements in the document are true, while an affirmation is made under penalty of perjury. If you’re administering an oath without a document, there’s no need to record the act in your journal—just ensure the signer understands the significance of their affirmation.
5. Overstepping Legal Boundaries
As a notary public in Texas, your role is to verify signatures, witness documents, and confirm identities—not to provide legal advice. This includes:
Preparing or drafting documents
Selecting which documents to notarize
Offering advice on legal matters
Overstepping these boundaries can lead to serious consequences, including the suspension or revocation of your notary commission or even criminal charges.
6. Improper Use of the Notary Seal
Your notary seal is a key tool of your profession, but it must be used correctly. Here are some key points to remember:
Only use the name under which you were commissioned.
Maintain exclusive control over your seal at all times—never let others use it.
Don’t use an expired or invalid seal. For online notaries, failing to update digital certificates can also result in disciplinary action.
Using a notary seal improperly—whether through oversight or intentional misuse—can result in penalties or the loss of your notary commission.
7. Ignoring State-Specific Laws
This is a big one! Each state has its own rules for notaries, and just because something is allowed in another state doesn’t make it legal in Texas. That’s why I cannot stress enough the importance of getting state-specific training. Knowing what’s legal in Texas and what’s not will help you avoid making mistakes that could cost you your commission—or worse.
Learning from Mistakes
Now, no one is perfect. Mistakes happen, and that’s okay—as long as they’re unintentional and you take steps to correct them. The important thing is to learn from them and ensure they don’t happen again.
If you're serious about avoiding these common errors, investing in proper training is the best way to protect yourself and your career. The more you know, the better prepared you’ll be, and the fewer mistakes you’ll make.
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