Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult an attorney for guidance on specific laws regarding Remote Online Notarization (RON), digital signatures, and related legal matters. As laws concerning RON and notarization are subject to frequent changes, it is advisable to verify current regulations with your local government.
Can a notarized document be voided? This question arises frequently, and the answer isn’t always simple. Notarization provides legitimacy, but it’s not foolproof. This article explores when notarized documents can be voided.
This information is essential for anyone handling legal paperwork, but it’s important to consult your attorney with regards to the legalities surrounding document notarization and contesting a document.
Understanding Notarized Documents
Before discussing if a notarized document can be voided, let’s define notarization. A notarized document is certified by a notary public. The national notary association outlines the specific requirements; however, the core principles generally include verifying signers’ identities and witnessing their signatures. A properly identified signer can help avoid future issues with document validity.
A notary public’s role is threefold: confirming the signer identity, confirming signers comprehend the document (have read and understand what they are signing), and witnessing the signing. Notarization itself doesn’t make a document legally binding, rather increases authenticity and deters fraud. Notary publics can not offer legal advice, they simply help ensure a signer is acting of their own will.
The Legal Weight of Notarized Documents
Notarized documents can hold significant weight in legal proceedings, appearing more credible than non-notarized documents. However, they are not absolute. Courts can favor notarized documents due to their verification process.
Despite this, judges can void a notarized document if valid reasons exist. Such documents can stand up to scrutiny more frequently than documents without notaries, which is why it can be a crucial step to take to further document acceptance.
Can a Notarized Document Be Voided?
Yes, a notarized document can be voided under specific circumstances. But, a notarized document isn’t automatically “voided” in most cases — instead, its validity can be contested in court if certain flaws exist.
The process depends on the nature of the error, the parties involved, and the legal requirements. While we give examples of situations below, it’s important to seek legal counsel when looking to contest (or “void”) a notarized document.
Here’s a breakdown of some scenarios where a notarized document may be contested:
Mutual Agreement
If both parties consent to cancel the document, they can draft a new termination or rescission agreement that voids the original notarized document. This new contract must also be notarized to ensure legal validity. For example, a notarized power of attorney can be revokedby creating a separate termination document signed and notarized by all parties.
Fraud or Misrepresentation
A document can be voided or contested if fraud occurs during its creation or signing. Examples include a signer was tricked into signing something they didn’t understand, a forged signature, or misrepresented document contents. In some cases, blank spaces in documents, especially surrounding the notarial certificate and the notary’s signature, may later facilitate the insertion of fraudulent content.
To avoid fraud, it’s important for at least one form of ID verification to occur on camera. NotaryCam is one of only two online notary services that uses this technology to help protect its signers and their identity.
Duress or Undue Influence
If a signer was coerced, the document could be invalidated. This includes threats, blackmail, or other forms of pressure. This kind of undue influence can remove a signer’s agency when it comes to a remote online notary and signing their legal documents. A signing agent should watch carefully for signs of this type of red flag behavior.
Lack of Capacity
If the signer wasn’t mentally competent when signing (e.g., due to intoxication or mental illness), the document could be voided or contested. If someone cannot understand a document because of such influences, it removes any legitimacy around them properly identifying what they are signing. State law and handbooks or guides issued by a Secretary of State can provide more detail for notaries, including specific steps notaries should follow if there are doubts about a signer’s comprehension of the material presented to them.
Errors in the Notarization Process
Mistakes during notarization can invalidate a document. This includes an expired notary seal or commission, failure to identify signers, an incomplete notarial certificate, or missing online notarization details included in the notary public’s journal entry.
These errors in the notarization process might raise concerns about the document’s authenticity. An illegible stamp impression or an improperly executed stamp can lead to questions regarding the document’s validity and enforceability.
The Process of Voiding a Notarized Document
Voiding a notarized document can, in many cases, require some type of process involving a court of law. The individual or their attorney begins by identifying the reason for invalidation, gathering evidence, filing a petition, presenting the case to a judge, and waiting for the court’s decision. Other instances can just require a separate document which revokes the first document.
Preventing Issues with Notarized Documents
Preventing issues is often preferable to voiding a document. There are a few ways you can help prevent these issues, such as:
- Choosing a reputable, licensed notary
- Making sure the signer is properly identified, along with their photo ID to determine if they are eligible to sign.
- Fully understanding the document before signing, having all parties present, and filling all blanks.
- Retaining copies of notarized documents for your records
- Keeping a keen eye on commission expiration dates.
If you observe something suspicious in a document, you might need to contact a local law firm and report a red flag issue you saw with the notarial process.
The Role of Electronic Notarization
Electronic notarization is increasingly common. 45 states have adopted laws around electronic notarization or remote online notarization (RON). RON services can provide flexibility for when a document needs to be signed, but an in-person document signing can’t take place.
While convenient, electronic notarization follows the same rules and faces the same challenges as traditional notarization and grounds for voiding paper documents apply equally to electronic ones.
FAQs About Can a Notarized Document be Voided
What is the most common mistake made by a notary?
A common mistake is failing to properly identify the signer using a valid, government-issued photo ID. These forms of ID are frequently needed during various forms of real estate transactions as well as other legal document transactions.
What makes a notarized document invalid in Florida?
A notarized document can be invalid in Florida if the notary’s commission is expired, the notary didn’t properly identify the signers, or if fraud or duress occurred. It also can be considered invalid if parts of the notarial certificate is blank, or some fields are blank and not filled.
What makes a notarized document invalid in North Carolina?
An expired commission, improper signer identification, fraud, or duress can invalidate a document in North Carolina. Incomplete documents are also a concern. Notary laws are defined to help guide both notaries and the public regarding these rules.
Can a notary public void or cancel a completed notarization?
No. Once a document is notarized, the notary cannot retroactively invalidate it, even if signers later change their minds or errors are discovered. If fraud or misconduct occurred, legal authorities or courts must determine validity.
How can parties legally revoke a notarized document?
While you should always get an attorney if you wish to contest a legal document, some of the following steps may be taken by the document’s creator or signers:
- Draft a written revocation stating intent to cancel the original agreement.
- Sign and notarize the revocation to authenticate signatures.
- Provide copies to all affected parties and institutions. Courts may intervene if disputes arise over enforceability.
For errors discovered post-notarization, parties typically need to re-execute corrected documents with proper notarization.
Conclusion
Can a notarized document be voided? Yes, but it’s complex.
Notarization strengthens document authenticity, but it’s not impenetrable. Courts can void documents due to fraud, duress, lack of capacity, or notarial errors. The notarial certificate must include specific elements, such as an illegible stamp and documented notary fees.
The burden of proof rests with the challenger. Approach notarization diligently, understanding your rights and responsibilities as both signer and notary. It is also recommended to use notary books with unique pages and numbering to make altering entries harder, and provide extra assurance about the document notarization.
Notarization authenticates documents, but it doesn’t replace legal advice. Carefully review documents before signing, and seek legal counsel if needed. Remember, notarization is not a guarantee of a document’s validity, and it’s essential to take the necessary steps to ensure the document’s authenticity and legality.